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(영문) 광주지방법원 순천지원 2017.09.14 2016고단2466
폭행
Text

Defendant

B A person shall be punished by imprisonment for not more than four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Defendant B, at around 18:30 on January 30, 2016, Defendant B, of the crime, was exposed to the victim A (51 years of age)'s face to the victim A (51 years of age), and was found to have committed the crime based on evidence ex officio.

There is no evidence to support whether a soldier was a soldier.

Around 2 weeks injury was inflicted on two open wounds in need of medical treatment.

Accordingly, the above defendant injured the above victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness G;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that the extent of damage was significantly serious, such as blood transfusions of the victim for the reason of sentencing under Article 62(1) of the suspended sentence, and the defendant is selected to be sentenced by imprisonment in consideration of the circumstances with a large number of identical fines, but the victim does not want the punishment of the defendant, taking into account the fact that

Dismissal of Public Prosecution (Defendant A)

1. The summary of the facts charged is that Defendant A, at around 18:30 on January 30, 2016, carried out a dispute with the victim B (50 years of age) who carried on drinking together with the Fusst in the Fusst City E around 18:30 on January 30, 2016, Defendant A collected plastic ploss from the victim’ face.

Accordingly, the above defendant assaulted the above victim.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In doing so, the agreement that contains a statement that the victim B does not want the defendant's punishment was submitted to this court on August 3, 2017 after the prosecution was instituted.

Therefore, the prosecution against the defendant A is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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