(영문) 수원지방법원 안산지원 2019.02.28 2018고단2971

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(영문) 수원지방법원 안산지원 2019.02.28 2018고단2971

상해등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

At around 02:00 on July 4, 2018, the Defendant: (a) on board the victim’s “C convenience store” located in Ansan-si Party B, Ansan-si; (b) on the part of the victim’s seat, she boarded the victim’s seat; and (c) on the part of the victim’s seat, she boarded the victim’s seat; and (d) on the part of the victim’s seat.

As a result, the defendant puts the victim into the body around the left eye and the body of the victim's body during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the choice of punishment;

1. Part of the rejection of prosecution under Article 62 (1) of the Criminal Act (contributable circumstances, such as reflectivity, absence of the same kind of power, and the fact agreed with the victim);

1. On July 4, 2018, around 01:50 on July 4, 2018, the Defendant, while drinking alcohol in front of the “C convenience store” located in Ansan-si Group B, and talking about the complaints against the victim D (the age of 38) with him/her, brought the beer can that he/she gets involved in the victim’s face, and put the beer into the victim’s face by gathering other beer cans in the table.

The Defendant assaulted the victim by continuously withdrawing cash from the ATM equipment in front of the entrance entrance of convenience stores, such as that the victim’s head is faced by the glass window twice by the victim’s side by hand.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

However, after the prosecution of this case, a written agreement that expresses the victim's intention not to be punished against the defendant was submitted.

Therefore, the prosecution against the above violence is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

참조조문

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