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(영문) 대구지방법원 2013.11.13 2013고정1675
상해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 9, 2013, at around 17:40, the Defendant, without any justifiable reason, destroyed the fat of the victim C(59 years of age) into the ground in front of the bus stop, and then turned the face and head of the fat on the ground, and caused the victim to suffer from blood transfusion in the mouth of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing the body photographs of victims;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On March 9, 2013, at the entrance of 5:40, the Defendant, without any justifiable reason, abused the victim E (the 62-year-old age) on drinking at the top of the 502-dong D apartment, Daegu Suwon-gu, Daegu-gu, 502.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the written agreement bound in the trial records, it can be acknowledged that the victim E expressed his/her intent not to be punished against the defendant on September 27, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution against assault among the facts charged in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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