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(영문) 수원지방법원 2016.12.19 2016고단5310
폭행등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

[The part of the crime of oil] The criminal defendant and the victim B are the legal couple who married in September 2013.

On June 25, 2016, around 15:20 Osan City, 102 80 Do 801, when police officers, who received 112 report while assaulting the victim due to the victim's child problems and went to the site after receiving 112 report, separated the victim from the defendant and the defendant, and listen to the circumstances of the case, the defendant left the site on the table with the victim's child inside the remaining house with the victim who did not participate in rupture and damaged the defendant's trust with the minor in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Dismissal of Public Prosecution] Article 334(1) of the Public Prosecution Act is a legal couple married to the defendant and the victim B (the victim) on September 2013.

At around 15:20 on June 25, 2016, the Defendant assaulted the victim at the time of 15:20 Osan City C, 102 Do 801, with the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

This part of the facts charged against each defendant of the public prosecution is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the Criminal Act. Since an agreement between the defendant and the victim was submitted on July 25, 2016, which was after the institution of the public prosecution of this case, and the victim's intent that the above agreement does not want to be punished by the defendant is included, this part of the indictment is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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