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(영문) 수원지방법원안양지원 2020.10.16 2020고단1045
폭행
Text

Defendant

The sentence for B shall be suspended.

Defendant

A The prosecution against A is dismissed.

Reasons

Punishment of the crime

Defendant B, around 19:25 on March 4, 2020, when the victim A (son and 66 years of age) and the parking problems were crupted, Defendant B sustained the victim’s shoulder, and continued to crupt the victim’s side crush by hand, and crupted the victim’s chest with his chest, against the victim’s act, and crupted the victim’s chest over the ground floor in which the victim’s chest was pushed down with both hands, thereby causing injury to the victim, such as an crudum, which requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. On-site photographs and internal investigation reports (on-site images analysis and investigation of vehicle black boxes);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The sentencing grounds of Article 59(1) of the Criminal Code of the Suspension of Sentence are the cases where the defendant, who is dissatisfied with the costs of parking with the victim, has exercised violence against the victim's assault. In this case, the extent of injury suffered by the victim is not limited, and the defendant is the primary offender who has no record of criminal punishment, and other various sentencing conditions shall be determined by comprehensively taking into account the following factors:

Public Prosecution Rejection Parts

1. On March 4, 2020, the Defendant: (a) around 19:25 on March 4, 2020, in the facts charged against Defendant A, the victim’s shoulder was knifeed to the victim B (ma, 28 years of age) and the parking problem; (b) the victim’s shoulder was knife; and (c) the victim’s side gate was knifeed to the chest.

2. Determination

(a) Crimes of non-compliance with an intention (Article 260 (3) of the Criminal Act);

B. After the prosecution of this case, the victim expressed his intention not to punish him (the receipt on July 15, 2020)

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

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