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(영문) 대전지방법원 천안지원 2018.02.09 2017고정766
폭행
Text

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

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

Reasons

Punishment of the crime

At around 22:30 on June 21, 2017, the Defendant: (a) sought a victim E ( South and 43 years of age) from around 22:30, Asan City; and (b) sought from the Defendant’s seat at around 5, 2017, and (c) sought “F, the Defendant’s seat of the Defendant.”

The victim’s inner part of the floor was dumped by dumpifying “.......”

Accordingly, the defendant committed violence against the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The public prosecution should be dismissed because the injured party expressed his/her intention that he/she does not want the punishment of the accused;

2. In the case of the crime of non-compliance with the relevant legal principles, the victim has expressed his wish not to punish him or withdrawn his wish to punish him.

In order to recognize the victim’s true intent, it must be expressed in a way that enables the victim to feel clear and reliable (see Supreme Court Decision 2001Do1809, Jun. 15, 2001, etc.). 3. Determination

A. On June 21, 2017, the date of the instant case, the fact that the victim appeared at the police station on June 21, 2017, and written a written statement, stating “influence on the punishment of the suspect” column is recognized.

B. However, in light of the aforementioned legal doctrine, the following circumstances acknowledged by the evidence duly adopted and examined by this Court were expressed in such a way that the victim’s wish not to be subject to true punishment is apparent and reliable.

It is difficult to see it.

Therefore, the defendant's assertion is not accepted.

1) Of the above statements, the part stating the wish not to punish the suspect is a part of “an opinion on the punishment of the suspect” in the same letter.

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