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(영문) 서울남부지방법원 2013.10.17 2013고정183
폭행
Text

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B around 13:10 on April 15, 2012, around 13:10, the victim F (58 years of age) committed assault, such as, in front of the entrance entrance of the third floor of the Seoul Yangcheon-gu Seoul Metropolitan Council, that the victim F (58 years of age) performed the duties of church pastor on behalf of the church pastors, and that the victim f(s) did so on his/her hand.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Partial statement of the witness A;

1. Each prosecutor's protocol of examination of part of the accused (including F and A's statement);

1. A suspect interrogation protocol of the police officer;

1. Each police statement made to F and H;

1. Application of each Act and subordinate statute of the A draft;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. Around April 15, 2012, around 13:10 on April 15, 2012, Defendant A reported that the victim B (the age of 45) assaulted F at the entrance of the third floor located in Yangcheon-gu Seoul Metropolitan Council “Ed Association” and subsequently, Defendant A assaulted the victim by hand at one time by giving back the victim.

2. The facts charged of this case 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 records, the facts can be acknowledged that the victim withdraws his/her wish to punish the defendant A after the prosecution of this case was instituted. Thus, the prosecution against the defendant A is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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