(영문) 서울북부지방법원 2015.02.05 2014고단3276

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(영문) 서울북부지방법원 2015.02.05 2014고단3276

상해등

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 21, 2014, around 03:10 on June 21, 2014, the Defendant used the victim E (the 62 years of age) to drink friend with friend in Dongdaemun-gu Seoul, on the ground that the victim E (the 62 years of age) friended too large for the Defendant’s voice, thereby making it difficult for the Defendant to identify the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and F’s statements in this Court;

1.CC-TV image;

1. Application of the Acts and subordinate statutes of this part of a photograph;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. While disputing the grounds for conviction under Article 334(1) of the Criminal Procedure Act and the grounds for sentencing under Article 334(1) against the victim E of the Provisional Payment Order, there is an injury to the victim to the extent that he/she is faced with the victim's hair at the time of the victim, and there is no injury diagnosis report against the victim, but it cannot be an injury to the victim to the extent that he/she is faced with the victim.

On the other hand, the defendant has been punished for the crime of injury, assault, etc., but this case is less and less damaged by the victim and the defendant agrees with the victim to determine the punishment in consideration of the circumstances such as the fact that the victim is not punished against the defendant.

Public Prosecution Rejection Parts

1. On June 21, 2014, around 04:50 on June 21, 2014, the Defendant committed an assault against the victim by hand on the ground that the victim F (year 62) who is the first driver of the Dongdaemun Police Station in Dongdaemun-gu Police Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, would make a false statement to police officers on the ground that he/she made a false statement.

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 records, the victim F does not punish the defendant.

참조조문

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