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(영문) 서울북부지방법원 2016.10.13 2016고정1707
폭행
Text

Defendant

B The defendant C shall be punished by a fine of KRW 1 million, and the defendant C shall be punished by a fine of KRW 1.5 million.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

Defendant

B and C around April 4, 2016: (a) around 23:14, 2016, around the building D and the 1st underground floor “E,” the victim’s assaulted against the victim A; (b) Defendant B used assaulting the victim by pushing the victim into the floor; and (c) Defendant C continuously used the victim’s breath and sponsing the body of drinking and sponsing the victim’s breath by cutting over the floor; and (d) Defendant C used the victim’s breath and sponsing the victim’s breath on several occasions.

As a result, Defendant B and C jointly inflicted an injury on the victim during treatment days, such as a heat disorder, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of the police officer;

1. A medical certificate;

1. C’s photograph given out of a chairic photo and field CCTV image used for violence;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (for the F of a witness), a report on investigation (for the purpose of on-site CCTV investigation) and a report on investigation;

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Defendant B and C in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B and C with the order of provisional payment: The dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act

1. Around April 23:14, 2016, Defendant A committed assault on the part of the facts charged, such as assaulting the victim B’s inside the building in Gangseo-gu Seoul Metropolitan Government, the first floor “E”, and the victim B, C, and C under the influence of alcohol on several occasions, and continuing to injure the victim C’s ship by hand.

2. Determination

(a) Crimes of non-compliance with an intention (Article 260 (3) of the Criminal Act);

B. Withdrawal of expression of intent to punish victims after the prosecution of this case

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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