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(영문) 수원지방법원 안산지원 2017.05.31 2016고단3930
상해
Text

Defendant

A shall be punished by imprisonment for six months.

Defendant

The prosecution of this case against AB is dismissed.

Reasons

Punishment of the crime

Defendant

A, around 19:40 on August 20, 2016, while driving a car in front of 21 KTX parking lot B in front of the 201 KTX mine, followed the victim AB (36 tax) who was driven by a dump truck and the vehicle proceeding, sent the dump truck to each other, with each other, the cumping of the cump is cut off from the vehicle, cut off the vehicle twice by hand, 15 times the victim's head and face by hand, 15 times the victim's head and face by drinking, 15 times the victim's bridge and side dump, and the victim suffered injury, such as a dump sump, which requires a four-day medical treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of the police officers against the defendant AB;

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

1. Part of dismissing the public prosecution against Defendant AB under Article 257(1) of the relevant Article of the Criminal Act for criminal facts (the same criminal record is two times for Defendant A, and the crime of this case is committed during the period of probation, and the case is being appealed after being sentenced to two years of imprisonment due to fraud, etc.)

1. Defendant AB of the facts charged against Defendant AB, as at the time, place, and place of the facts charged, intended to catch the victim’s hand with the victim A (38 tax) and Si flab attached thereto, and used the victim’s flab by hand and assaulting the victim’s left part by cutting off the victim’s flab.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent in accordance with Article 260(3) of the Criminal Act.

According to the records, it is recognized that the victim A explicitly expressed his/her intention not to have his/her punishment against the defendant on May 17, 2017, which was after the prosecution of this case was instituted.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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