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(영문) 대구지방법원 2015.08.07 2015고단20
폭행
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On November 19, 2014, the Defendant: (a) around 19:10, the victim E (the son and the 50-year-old age), who is a taxi driver, has left a destination at a certain point; (b) took a bath for the victim; (c) opened a driver’s seat at the above taxi and used the victim’s left arms at two times, thereby assaulting the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 (1) 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 November 5, 2014, the Defendant, while under the influence of alcohol on the front of the said DNA on the road before the said DNA, assaulted the victim F’s chest on one occasion and continued to have the left face on one occasion.

2. The Defendant’s act of judgment is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

According to the records, since the victim has withdrawn his previous wish to punish the defendant after the prosecution of this case was instituted, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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