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(영문) 인천지방법원 2014.05.14 2014고단2080
상해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 21, 2014, the Defendant: (a) around 01:00, at the main points located in Namdong-gu Incheon Metropolitan City, the Defendant suffered injury, such as dump, tension, left-hand side of the head part of the body part of the victim C (the 50-year-old-old-gu 50-year-old 50-year-old 50-year-old 200-year-old 201, the Defendant was asked to change the drinking value from the victim C (the 50-year-old 50-year-old 50-year-old).

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the accused, C, and D prepared by the prosecution;

1. Application of Acts and subordinate statutes of the letter of diagnosis of injury in preparation;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there exist unfavorable factors of sentencing, such as having a criminal record of a same kind of fine, which leads to multiple times the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the victim has agreed after committing the crime and has been divided, and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct and environment of the defendant, shall be determined as ordered in consideration of

Of the facts charged in the instant case, the gist of the Defendant’s dismissal of prosecution is as follows: (a) on January 21, 2014, at the main point located in the Namdong-gu Incheon Metropolitan City, the Defendant committed assaulting the victim D(67 years of age)’s face, i.e., the victim C’s face, one time as drinking, in order to obtain a request from the said C to change the drinking value without paying the drinking value after drinking alcohol; and (b) he/she received a request from the proprietor of the instant case, who is a business owner, by drinking alcohol; and (c) he/she committed assaulting the victim D(67 years of age) one time as drinking by drinking alcohol.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's express will under Article 260 (3) of the Criminal Code.

However, according to the written agreement attached to the trial records, victim D agreed with the defendant on April 10, 2014, which was after the prosecution of this case was instituted.

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