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(영문) 서울동부지방법원 2014.11.26 2014고단2830
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2014, at around 01:00, the Defendant: (a) recommended a victim F, a slope belonging to the E-district of the Seoul Gangseo Police Station E-gu Seoul Gangseo-gu Police Station, which was assaulted by the Defendant on the road prior to the point of convenience in Gangdong-gu Seoul, to invalid home; (b) the Defendant publicly insultingd the victim by referring to the victim as “the victim’s bitch bitch bitch bitch bitch bitch bitch bit,” which is the very large biti.e., the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of G and F

1. Article 311 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. On September 11, 2014, the Defendant: (a) 01:00 on September 11, 201, the charge was committed against the victim D (33 years of age) who was fright at a time, while breathing a fluor, without any justifiable reason, while drinking on the road front of the convenience store in Gangdong-gu Seoul Metropolitan Government, and boomed the victim by putting the fluor, i.e., e., fump, fump, fump; and (b) taking the b

2. The facts charged in this part of the judgment are those falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express will in accordance with Article 260(3) of the Criminal Act.

However, according to the agreement submitted on October 28, 2014, which was after the prosecution of this case was instituted, it can be recognized that the victim expressed his/her intention not to be punished. Thus, this part of the indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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