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(영문) 대전지방법원 공주지원 2017.10.13 2017고정62
상해
Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

The prosecution against B is dismissed.

Reasons

Punishment of the crime

(3) On March 16, 2017, the Defendant: (a) deemed that the Victim B (hereinafter “F”) was not in front of the “F” located in Sinju-si on March 16, 2017; (b) said that the Victim B (hereinafter “F”) was not in front of the “F”; and (c) said, the Victim C as “I am I am I am I am.” and said, the Defendant carried the Victim’s arms in his hand; and (d) said, “I am, I am dead.”

The phrase “the victim’s hair was sleeped and shaking the victim’s hair by her hand.”

As a result, the defendant suffered damage to the victim's saves that require the victim's treatment for about 2 weeks.

Summary of Evidence

(Defendant A)

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police in relation to B and G;

1. Application of Acts and subordinate statutes to the diagnosis certificate of injury and photographs of victim head of the household (Defendant A);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (no degree of injury to a victim is severe, and the Defendant agreed with the victim.

In this context, the defendant is the first offender, confession, and seriously reflects the situation, and thus, the sentence of punishment against the defendant is suspended because it is judged that the circumstances of the opening are remarkable.

The part dismissing the prosecution (Defendant B)

1. On March 16, 2017, around 16:30, the Defendant: (a) committed assault, such as taking arms and hairs from the victim A (the age of 63) before “F,” and (b) assaulted the victim’s breath by booming the bat around 16:30 on the charge.

2. In light of the records, 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. According to the records, the victim can be acknowledged as having withdrawn his/her wish to punish the Defendant on September 15, 2017, which was after the indictment was instituted.

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