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(영문) 서울북부지방법원 2017.03.17 2017고정167
폭행
Text

Defendant

B shall be punished by a fine of one million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

The defendants are the same members who are attending the Sungbuk church of the will of their own.

Defendant

B around 13:00 on September 10, 2016, around 13:00, around 89 in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the 89-do Mao-ro, the 5th floor of the Sungbuk-gu, the Sungbuk-do, and had the victim A collected a little amount of money, and had the head debt collected, and had the victim suffered a bodily injury that requires two-time medical treatment, such as the head fat, the fat, the fat, and the head fat, etc.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement made to A by the police;

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

1. Article 257(1) of the Criminal Act applicable to the crime

1. Selection of punishment (Defendant B) penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act (Defendant B)

1. Facts charged;

A. Defamation (Defendant B) Defendant B’s sound at the Dogwon located at the end of July 2016, located in the city of Ma in the Gyeong-si, the end of July 2016, that “A is going to drive away from the old day, and now, I will look at the church life.

"The victim's reputation was damaged by referring to false facts to the same teacher."

B. Defendant A used violence (Defendant A) at the same time, time, and place as above A, and used the victim B with an object, and used the right fingers.

2. The crime of defamation and defamation is a crime falling under Article 307(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 312(2) of the same Act. The crime of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. As such, each of the victims of the crime of defamation and assault expressed his/her wish not to punish the other party after the indictment of this case was instituted.

Therefore, according to Article 327, subparagraph 6 of the Criminal Procedure Act.

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