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(영문) 수원지방법원 안산지원 2016.05.26 2016고단544
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:00 on December 20, 2015, the Defendant assaulted the victim by assaulting the victim on the ground that he or she was in a dispute with the victim during the past in the house of the victim D located in Ansan-si, Ansan-si, where he or she performed drinking with the victim on the ground that he or she was in a chemical dispute, and went beyond the bottom of the victim, followed the victim's two arms by cutting down the victim's scam and cutting down the right side of the victim, and continuously scam the victim's scam on the hand floor one time, thereby causing the victim's injury, such as cutting off the scam in the upper frame near the 5th part of the right side, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes on records related to the case

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines (in cases where agreement has been reached, it shall be taken into account that the injured person does not want punishment

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. In the facts charged, the Defendant is hard to say that the injured party was the parent of the Defendant, while drinking alcohol with the injured party D in the house of the injured party D located in Ansan-si, Ansan-si, 00 on January 4, 2016.

For the reason that he said, he assaulted the victim's right-hand part of the left hand, such as turning the victim's right-hand part into one time.

2. The facts charged in this part of the indictment are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 260(3) of the Criminal Act. According to the records, the victim can be recognized as having withdrawn his/her wish to punish the defendant after the indictment of this case. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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