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(영문) 제주지방법원 2013.09.30 2012고정885
폭행
Text

Defendant

The sentence of sentence against A shall be suspended.

Of the facts charged in this case, the prosecution against Defendant B is dismissed.

Reasons

Punishment of the crime

Defendant

A around 19:30 on July 29, 2012, around 19:30, around the F market in Jeju City, around the G cafeteria, A put the chest part of the victim B on one time, flab, flab, and flab, and had the victim with the wheels who had the victim's inside part of the victim with the victim's inside part of the drinking blab, flab, and flab, with the victim's inside part of the drinking blab, flab, with the victim's inside part of the drinking blab, and had the victim take part of the victim's inside part of the drinking blab.

Summary of Evidence

1. The defendant A's partial statement

1. The police statement concerning B;

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

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. A fine of 1,500,000 won which is suspended for a sentence; and

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (deed with the victim, the victim does not want the punishment against the defendant, and the defendant's old age, etc.) of the suspended sentence (the facts charged in this part of the indictment) is that "the defendant B committed an assault by flabing the flab of the victim A (the victim's age 62) at the time and place stated the above facts of crime." This is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim's express intent pursuant to Article 260(3) of the Criminal Act. Since the victim withdrawn his wish to punish the defendant on August 12, 2013, which is after the prosecution of this case, this part of the indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act

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