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(영문) 울산지방법원 2013.10.31 2013고정637
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A, around 03:20 on June 10, 2012, around 03:20, at the “FPC room” located in Yangsan City E, the victim took part of the chest part of the victim's chest part of the said PC room because the victim was frighter, and took part of the victim's chest part of the PC room, such as the one-time caring off, etc., and led the victim to a string of the left-hand chest wall that needs to be treated for about 10 days.

Summary of Evidence

1. Legal statement of witness G;

1. Protocol concerning the examination of each police officer concerning G;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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. The summary of the facts charged is around 03:20 on June 10, 2012, Defendant B: (a) reported the victim A’s PC dispute with H and G in front of the “FPC” bank located in Gyeyang-si, Yangsan-si; and (b) tried to photograph the victim as a mobile phone, and (c) tried to restrain the victim, and (d) assault the victim’s neck by selling.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which are crimes of non-compliance with intent under Article 260(3) of the Criminal Act. On September 30, 2013, after the prosecution was instituted, the victim expressed his/her intention not to be punished against Defendant B in this court. Thus, the above facts charged are dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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