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(영문) 서울남부지방법원 2013.03.14 2013고정86
폭행
Text

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

B around 16:10 on October 15, 2012, around 16:10, after receiving a statement from the victim A to the court that the documents requested the defendant to receive from the victim A within the F Tourr operated by him/her in Guro-gu Seoul Metropolitan Government, did not arrive at the court, and the victim suffered injury, such as clibage, which requires treatment for about 10 days, by putting a trace of the victim's flap and cutting down the flap.

Summary of Evidence

1. Defendant B’s legal statement (as of the second trial date);

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around October 15, 2012, around 16:10 on October 15, 2012, Defendant A committed assault, such as destroying a computer monitor on his/her book, putting the victim into the floor, putting him/her on a string, putting him/her over a computer monitor on the floor, putting him/her on a breath, and flaping fat, etc., on the ground that the document related to the lawsuit was not arrived at the court.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim can be acknowledged on March 7, 2013, which is after the institution of the instant indictment, as the victim has withdrawn his/her wish to punish Defendant A. Thus, the prosecution against Defendant A is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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