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(영문) 부산지방법원 동부지원 2016.08.18 2015고정944
상해등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 20, 2015, at around 01:40, the Defendant attached a victim D (31) located there on the ground that C had taken 2-3 scambling parts of the Defendant’s entrance onto the building in front of the building Nam-gu Busan, Busan, and her escape, caused approximately two weeks of treatment, such as giving three scambling parts and three scaming parts of head.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes of injury diagnostic certificate (explosion 74 of investigation records);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On March 20, 2015, the Defendant: (a) committed assault on the part of the victim C, such as flabing a bat in the end of the building in front of the building in Busan-gu, Busan-gu; (b) on the ground that the victim C drank flab; and (c) flabing a bat of the victim C’s flab; and (d) the victim C flab.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and pursuant to Article 260(3) of the same Act, the facts charged in the instant case cannot be prosecuted against the victim’s explicit intent. According to the witness C’s legal statement, the victim C can be acknowledged as having withdrawn his/her wish to punish the Defendant on July 18, 2016, which was after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act and is so decided as per Disposition.

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