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(영문) 서울서부지방법원 2013.03.20 2013고단70
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 10, 2012, at around 22:00, the Defendant was suffering from disturbance by driving the screen air on the subway station platform of subway No. 3 subway line in Eunpyeong-gu Seoul, Seoul, with a view to drinking without any justifiable reason, and thus, the victim B (54 years old) expressed the victim’s coin on one occasion by drinking the victim’s horse at around 5:6 times, and 5:6 times, the chest was suffering from the victim’s multiple accounts, etc. requiring approximately two weeks of treatment.

2. The Defendant at the time, time, and place mentioned in the above paragraph (1) above, received a report of 112 while avoiding disturbance, and called out, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the suppression of and investigation into the crime, and as the security guards affiliated with the Seoul Bupyeong Police Station C District were prevented the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and D;

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

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Of the facts charged in the instant case, the part dismissing prosecution under Articles 70 and 69(2) of the Criminal Act concerning the dismissal of prosecution in the workhouse was that “the Defendant assaulted around three to four times the chests of the victim E (year 52) at the date and place indicated in paragraph (1) of the judgment of the court below.”

This is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim under Article 260 (3) of the Criminal Code. According to the records, since the victim expressed his/her intention not to prosecute the defendant after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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