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(영문) 인천지방법원 2018.06.07 2018고정1206
상해
Text

Defendant

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

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Defendant A around 03:25 on January 27, 2018, at around 03:03:25, the Defendant suffered a bodily injury that requires approximately two-day medical treatment due to a motor vehicle traffic accident in front of the Bupyeong-gu Incheon, Incheon, by putting the victim’s left shoulder up to 3:4 times with the left shoulder, and continuously cutting down the victim’s flab, and cutting down the victim’s flab on the floor beyond the floor.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the suspect B of the police;

1. Investigation reports (related to the submission of photographs on the part of suspect B damage), and the application of Acts and subordinate statutes of the written diagnosis of injury;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the Criminal Procedure Act requires a reduction in part of the amount of fine set forth in the summary order by taking account of the following: (a) the Defendant recognized all the facts charged in the instant case and reflects the mistake; (b) the degree of assault exercised by the Defendant is not limited; and (c)

Dismissal of Public Prosecution (Defendant B)

1. On January 27, 2018, around 03:25, the Defendant: (a) committed assault, such as cutting off the Victim A’s shoulder in a dub three times as a hand, breath, breath, etc., on the street of Bupyeong-gu Incheon, Incheon; and (b) assaulted the Victim A’s shoulder.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

(c) Unwritten expression of intention not to punish: On May 14, 2018, after the institution of the instant indictment, the victim A appears in this court and expressed his/her intention not to punish the accused on the date of the public trial.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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