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(영문) 대구지방법원 김천지원 2013.08.28 2013고단742
상해등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against each of the assaults is dismissed.

Reasons

Punishment of the crime

At around 15:00 on March 2, 2013, the Defendant, within eight rooms from the 15:00 Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, and where the victim C (18 years of age) face the audience room, he said, “C is unable to work properly,” and when approximately 10 times the victim’s head, face, shoulder, arms, etc. were put on the part of the victim, the Defendant satis and satis, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of Acts and subordinate statutes governing the diagnosis of victims and examination of evidence;

1. Although the victim expressed his/her intent that he/she would not want the punishment against the Defendant immediately before the release of his/her imprisonment for the relevant criminal facts, Article 257(1) of the Criminal Act regarding the applicable criminal facts, the sentencing of the sentence of imprisonment for the option of punishment, taking into account all the circumstances, including the fact that the Defendant committed the instant crime without being aware even though he/she was during the period of punishment, and that the Defendant continued and repeated the victim only for a considerable period in the same room, the sentence

Public Prosecution Rejection Parts

1. On February 10, 2013, at the place indicated in the facts charged, the Defendant: (a) sited a victim in front of the victim on the ground that the victim C and the victim wanted to be faced; (b) 3 times knee and knee of the victim; (c) 2 times fele and knee of the victim; and (d) from around that time, the Defendant feld the victim’s side with the victim, etc. with the victim on two occasions.

2. By the end, the victim took four times all as described in the annexed list of crimes, such as the foregoing method.

Accordingly, the Defendant assaulted the victim respectively.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. Since the victim expressed his/her intention not to be punished after the prosecution, the prosecution of this case is instituted in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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