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(영문) 창원지방법원 통영지원 2016.09.13 2016고정381
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B are living together with the defendant for six months, and the victim C is one of the two parties.

On April 28, 2016, the Defendant deemed that the Victim C drinks with E’s business week B at an entertainment shop in the corridor located in Sinyoung-si D on April 28, 2016, and that the Victim C drinks with E’s business week at an entertainment shop.

Although the victim said, the victim refused the same drinking time.

The Defendant pushed the victim's breast side of his breast, sited the victim who wants to leave the scene, gets his face and her chest by double hand, and shaking the victim with the wall.

As a result, the Defendant inflicted an injury on the victim on the climatic base and tension that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant, at around 00:50 on April 28, 2016, committed assault on the part of the Defendant, on the ground that the Victim B, who was a woman living with the interest on the business of the E amusement shop, was drinking to the customer, on the ground that the victim B, who was a woman living with the interest on the business of the E amusement shop, was making a booming to the head of the victim B.

2. Determination

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

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) Expression of intention not to punish: Agreement submitted on August 2, 2016, which was after the institution of public prosecution of this case.

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.

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