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(영문) 인천지방법원 부천지원 2013.06.19 2013고정664
폭행등
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

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

Reasons

Punishment of the crime

On January 30, 2013, at around 22:30, the Defendant: (a) and (b) when, as the Defendant prevented the front of a car driven by C, the Defendant was arrested as a flagrant offender suspected of assaulting C and committing an act of assaulting C; and (c) on the ground that the victim F, a police officer affiliated with the above police box, prevented C and other cases from committing an act of assaulting C on the ground that C and other cases, etc. were investigated by the victim F, who was a police officer affiliated with the above police box, was arrested as a flagrant offender at around 23:20 on the same day; and (d) the victim f, who was investigated by C and other cases, openly seeed as “C and other cases, f., during the course of the investigation.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes in writing of G production;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. Of the facts charged in the instant case, Article 334(1) of the Criminal Procedure Act concerning dismissing the prosecution of the provisional payment order, the summary of the assault among the facts charged is as follows: “The Defendant is at the front of the Seo-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City B on January 30, 2013; the Defendant’s front of the car driven by the victim C was at the time of the victim’s vision by preventing the front of the car driven by the victim C from putting the border, and there is no way to see the victim as “I want to cut off. I want to do so.

The term "the breath theory and the breath of the victim was used to assault the victim by cutting down the bat of the victim's bat."

This is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the Criminal Code. According to the records, the victim C has withdrawn his/her wish to punish the defendant on June 18, 2013, which is after the institution of the instant prosecution. Thus, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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