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(영문) 대구지방법원 2017.09.06 2017고정810
상해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant: (a) 00:05, 177, the name of Nam-gu, Daegu-gu, Daegu-gu, and caused the injury to the victim, i.e., getting off the taxi operated by the victim C (54) on the front side of the new apartment on the street, and not paying the taxi fee; and (b) brought an dispute with the victim due to the payment of the taxi fee, the Defendant brought the taxi from the taxi; (c) brought the victim on the si, who was behind the si, and brought about the victim's chest one time due to the victim's drinking; and (d) brought the victim from walking a part of the victim's mouth one time to the left side of the second week on the left side of the diagnosis.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police for E;

1. Videos recorded in CCTV video CDs;

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On November 15, 2016, the summary of the facts charged: (a) on the same day, the Defendant testified in the name of 177, Nam-gu, Daegu-gu, Daegu-gu, Daegu-gu, 177, and the victim D (42, 30) of this case, who had observed the Defendant’s assaulting the said C in front of the apartment complex, was brupted twice the victim’s chest part with his/her complaint, and assaulted the victim by walking the victim’s chest part with his/her feet, and by walking the victim’s feet once.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

In doing so, on August 10, 2017, after the prosecution of this case was instituted, the victim D expressed his/her intention not to punish the defendant in this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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