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(영문) 수원지방법원 안산지원 2018.03.15 2018고단164
특수폭행등
Text

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

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

On August 19, 2017, around 21:20, the suspect came to have a conflict with the family member C and female-friendly problem while drinking together with his/her family at the residence of the suspect No. 204 of Ansan-si, Ansan-si, 204, and at this time, the victim D (son, 25 tax) of the victim of the spawn relationship and assaulted him/her as the head of the spawn.

As a result, the suspect committed violence to the body of the person while carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning criminal facts and the choice of punishment (selected by a fine in consideration of the fact that the criminal defendant reflects his/her wrongness, the victim does not want the punishment of the criminal defendant, and the fact that the criminal defendant does not have any same criminal record

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant, at the time and place stated in the facts charged, took measures such as the above mentioned above, female-friendly victims E (V 23). The Defendant spreaded this fact, and inflicted a bodily injury that requires four weeks’ treatment due to the “the core of the right side by cutting the victim’s grandchildren on the shouldered softener’s disease due to an incurable cause.”

Accordingly, the suspect caused bodily injury to the human body due to negligence.

2. The judgment is a crime falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 266(2) of the same Act. According to the records, the fact that the injured party submitted to this court a written agreement on December 28, 2017, stating that he/she would not want punishment of the defendant after the prosecution of this case, can be acknowledged. Thus, the prosecution on this part of the facts charged is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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