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(영문) 수원지방법원 2018.12.14 2018고단4922
폭행
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[Defendant A] The public prosecution of this case is dismissed

[Defendant B] The defendant shall be punished by a fine of KRW 1,000,000.

Defendant.

Reasons

Punishment of the crime

Defendant

B around 09:25 on July 12, 2018, the injured party A (50 taxes) extracted automobile height before the entrance of the apartment house D in front of 09:25, and put it into the Australian machine, made the car height from the vehicle to the injured party, changed the breath, made the breath of the injured party by hand, and when the face of the injured party is taken by drinking, the injured party was able to take care of about 14 days.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of the police officer;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter (Defendant B);

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, the selection of fines (a confession, reflectivity, and consent with the victim that the injured person does not want the punishment of the accused, the circumstances of the crime, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Dismissal of a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment (Defendant A);

1. On July 12, 2018, the Defendant: (a) reported on July 12, 2018, around 09:25, the Defendant: (b) placed the victim F (n, 44 years old) who was identified in front of the entrance of the apartment of D, in front of the entrance of the apartment of D; (c) placed B on the instant PP car; and (d) concluded an inappropriate relationship between two persons

I think, I tried to set up a car by blocking the car, but the victim prevented and restrains it, and assaulted both descendants of the victim with both hands.

2. The facts charged of this case are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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