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(영문) 청주지방법원 2019.09.26 2019고단909
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

At around 18:50 on April 13, 2019, the Defendant: (a) heard the victim’s speech to the effect that he drinks from the victim’s 1st floor of “Dmotoel” in the “Dmotour” operated by Cheongju-si Office B, Cheongju-si, Cheongju-si; (b) took away the net value (42.5 cm in length), which is a dangerous object in that place, and made a threat to the victim by carrying the dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The report on investigation - photographs;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (including the fact that agreement is made with the victim and that there is no previous conviction heavier than the fine);

1. At around 18:50 on April 13, 2019, the Defendant assaulted the victim at the time of Cheongju-si, Cheongju-si, Cheongju-si, who heard the statement to the effect that she only drinks from the victim from the victim from the 1st floor of “Dmotoel” in the “Dmotoel” operated by Cheongju-si, Cheongju-si, Cheongju-si, that she drinks the victim, her hand, her her arms, her head, and her face and her face.

2. The determination is a case that falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the intent expressed by the victim under Article 260(3) of the Criminal Act.

According to the written agreement, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 16, 2019, which was after the prosecution of this case was instituted. Thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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