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(영문) 수원지방법원 2014.04.03 2014고단402
상해
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Defendant

A shall be punished by a fine of 1.5 million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A around 03:30 on January 19, 2014, around the Dju, located in Suwon-si C, and on the roads in front of Suwon-si, for the reason that the victim B (main and 52) who is a pedestrian did not turn on the road, the Sivina was attached, and the victim was inflicted an injury, such as a non-felbing, which requires approximately four weeks of treatment on the face of the victim by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect B;

1. A photo of the upper part of the body (B);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (B);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine for punishment (including the fact that agreement has been reached with the victim);

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order against Defendant B provides that “The summary of the facts charged in this case against Defendant B is that “the victim A ( South and 35 years old)’s face attached to Si expenses is taken one time as head at the date, time, and place in the judgment of Defendant B, and assaulted the victim for reasons as stated in its reasoning.”

However, the above facts charged 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 victim's withdrawal of his/her wish to punish under the agreement with the defendant B on April 3, 2014, which was subsequent to the institution of the prosecution of this case. Thus, the prosecution of this case against the defendant B is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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