2013Gohap314 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence, etc.)

(Insignificant Injury to Name of Crime)

A

Lee Jae-ho (Acting for Public Prosecutor, Prosecution, and Judgment)

Attorney B (Korean National Assembly)

July 19, 2013

The prosecution of this case is dismissed.

1. Summary of the facts charged

The defendant is a foreign student of Mongolian nationality who attends the fourth year of the International Trade Department in C University.

At around 20:00 on June 15, 2012, the Defendant inflicted an injury on the victim, who is a driver of a motor vehicle driving on two occasions in drinking, on the ground that the victim F (the age of 29) who is an employee of the International Cooperative Training Team of the Cuniversity, was under the influence of alcohol while getting on the back seat of the G Allied motor vehicle operated by the International Cooperative of the Cuniversity in front of the Busan ShiF agency, on the ground that the victim’s head does not drink the alcohol, and the driver of the motor vehicle driving on two occasions at one occasion in drinking, was under the influence of alcohol.

2. Determination

Article 5-10(2) diagnosis and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes apply to the charged facts of this case, and the above provision provides that if a driver of a vehicle in operation assaults or threatens to injure another person, he/she shall be punished by imprisonment for a limited term of

Therefore, the facts charged in this case, which are subject to the above Article 32 (1) 3 of the Court Organization Act, is a case of imprisonment with prison labor for not less than one year, subject to a collegiate panel of a district court and its branch court pursuant to the main sentence of Article 32 (1) 3 of the Court Organization Act. Meanwhile, Article 32 (2) of the Public Prosecutor's Office Act provides that a prosecutor's office investigation officer, a prosecutor's office officer, an investigation officer, or a narcotics investigation officer may act on behalf

No person who acts on behalf of the prosecutor shall deal with the case brought to the division of agreement according to the Court Organization Act.

However, according to the records, the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Act on the Aggravated Punishment, etc.”) filed a petition for summary order on December 17, 2012 by applying Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes with respect to the facts charged in the instant case. As seen earlier, this is a case subject to a judgment by a collegiate panel, which cannot be dealt with by an acting judge, and

On June 11, 2013, during the public trial of this case, the prosecutor changed the name of the victim to "injury", "Article 257 (1) of the Criminal Act", "the facts charged" to the defendant around 20:0 on June 15, 2012, on the ground that the victim F (29 years of age) was under influence of alcohol at the back seat of the International Educational Team of the C University located in Busan E-U.D., and the defendant applied for the amendment of the indictment to the effect that the victim's head was under influence of alcohol at the back seat of the driver's vehicle in Busan, on the ground that the victim's face is not considered more than 21 days, and the criteria for the amendment of the indictment to the indictment to the effect that the defendant was under influence of alcohol at the back seat of the driver's vehicle in this case shall be determined by the statutory punishment for not more than 10 years after the prosecution of this case, but the defendant shall be punished by a single judge for not more than 210 years after the indictment of this case.

3. Conclusion

Thus, the prosecution procedure of this case constitutes invalid in violation of the provisions of law, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

Chief Judge Park Jong-chul

Judge Lee Young-young

Judges Cho Jong-sung