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(영문) 춘천지방법원원주지원 2020.08.13 2020고정71
상해등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant: (a) around 18:10, at the Hanju-si B Apartment Management Office, the victim C (the age of 61) told Nonparty D et al. to take off his arms; (b) the victim talked with E in the process of protesting against the withdrawal of Chinese letters from Nonparty D et al.; and (c) the victim’s losses, etc., which were used by his hand, carried out by his cell phone with his hand, brought about about two weeks of medical treatment, and brought about the victim’s stuffs and losses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement by the police against C (Supplementary to Complaints);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 800,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The part concerning the rejection of prosecution under Article 59 (1) of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act; Article 59 (1) of the same Act; Article 1

1. At around 13:00 on August 27, 2018, the Defendant publicly insultingd the victim C by stating that “I would have been elected as a tenant representative due to the lack of human beings” against the victim C at the place where the Defendant was located, F, G, H, etc. in the original city’s elderly household.

2. The offense of insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act.

However, the victim expressed his/her intent to withdraw the complaint against the defendant after instituting a public prosecution against the offense of insult.

Therefore, the part of insult is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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