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(영문) 서울남부지방법원 2016.06.21 2016고정669
특수폭행
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A. On the street around 21:45 on June 16, 2016, at around 201, Defendant A puts down a drug to Defendant B’s female-friendly group prior to one month prior to the end of his/her month. Defendant A assaulted on several parts, such as Defendant B’s 's 's pl', shoulder, and fright in his/her twit line (the length of approximately 60cm) in total.

B. On the same date, time, and place as the above paragraph (a) of special intimidation, Defendant B threatened the ground floor with a threat as being found on the roadside.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of Acts and subordinate statutes to photographs and field photographs of damage (the 21, 22, 23, 24 pages of investigation records);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; selection of fines

B. Defendant B: Article 284(1) of the Criminal Act, Article 283(1) of the Criminal Act, and selection of fines

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act, each of the criminal proceedings orders for provisional payment

1. On June 16, 2016, the summary of the facts charged, around 21:45, Defendant B assaulted Defendant B on the street in front of the “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, for the purpose of cutting down the arms of Defendant A and cutting down them over the ground floor.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

(b) The victim expressed his intention not to prosecute after prosecution.

(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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