(영문) 서울북부지방법원 2019.09.27 2019고단2101

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(영문) 서울북부지방법원 2019.09.27 2019고단2101

상해

Text

Defendant

A shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be imposed against Defendant A.

Reasons

A crime history room (Defendant A) around 03:00 on April 7, 2019, the Defendant inflicted an injury on the part of the main office of “D” located in Gangnam-gu Seoul Metropolitan Government, and on the part of the victim B (the age of 26) and the above main office toilets, the Defendant took a shoulder with each other in front of the victim B (the age of 26) and the above main office toilets, with a hand attached to Sifab, fabbing the head and head of the victim, and fabricated the face of the victim, and caused an injury to the victim, such as taking about four weeks of treatment on the face of the victim by drinking.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The suspect interrogation protocol of the police as to B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (the statement of reporter E) and investigation report (the statement of shot F);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Rejection of prosecution (Defendant B) under Article 62 (1) of the Criminal Act (the fact that there appears to be a confession, reflective attitude, the fact that there is no criminal record, and that there is no smooth agreement with the victim that the defendant would be punished);

1. At around 03:00 on April 7, 2019, the Defendant: (a) committed assault against the victim by putting the victim’s breath and spathing bat around the main room of “D” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu; (b) on the ground that the victim and the above main toilets faced with shoulders before the victim A and the above main toilets; and (c) by putting the victim’s breath and head spaths with Si

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

C. Submission of a written agreement that contains the victim A’s expression of intention not to punish the victim A after the indictment of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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