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(영문) 서울중앙지방법원 2014.09.04 2014고정820
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

In common with C and D, the Defendant inflicted injury on the victim H (the age of 32) of G on the street in front of the F cafeteria located in Gangnam-gu Seoul, on the ground that he was demanded by G to engage in an indecent act against the female-friendly sexual traffic victim H (the age of 32) by “nicking the female-friendly sexual traffic,” and the victim H’s face of the victim H was taken to drinking at a drinking time, and the victim H’s face of the victim I (the age of 36) was taken to drinking at around about 27 days, the Defendant inflicted injury on the victim H, such as the inside and the mouth, which requires medical treatment for about 27 days, and the victim I would tear the left eye of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or I;

1. The police statement of H;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs taken on top of the body;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

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

1. Of the facts charged in the instant case, the dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act in the part of the indictment of this case concerning the order of provisional payment, the Defendant discovered the victim G (25 years old) who walked along the mixed way to get a taxi in front of the F cafeteria located in Gangnam-gu Seoul, Seoul on September 2, 2009, and attempted to commit an indecent act, with the victim's access to the victim, and the victim's hacks the victim's humf with his humf in his hand. Accordingly, the Defendant committed an indecent act by force against the victim.

However, this case is an offense falling under Article 298 of the Criminal Act and can be prosecuted only when the victim's complaint is filed under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the written agreement of cancellation of complaint filed in the record, G, the complainant, can recognize the fact of cancellation of complaint filed against the defendant on September 1, 2014, which is after the prosecution of this case, since Article 327 of the Criminal Procedure Act is applicable.

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