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(영문) 서울북부지방법원 2016.05.25 2016고단734
상해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

피고인은 2016. 2. 15. 03:50 경 서울 강북구 C 앞길에서, 마주 오던 피해자 D( 여, 28세 )에게 ‘ 뭘 쳐다보냐

section 46 of the title of this title, the corporation

E, after putting the head of the victim's own knee knee knee, knee knee knee knee knee knee knee knee knee knee knee.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. On February 15, 2016, the Defendant charged with dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: around 03:50 on February 15, 2016, the Defendant assaulted the victim’s head collection, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife k

Judgment

The crime of assault may not be prosecuted against the clearly expressed will of the victim (Article 260(3) of the Criminal Act). If the victim expresses his/her wish not to prosecute after the prosecution, the prosecution must be dismissed (Article 327 subparag. 6 of the Criminal Procedure Act). The victim E delivers to the defendant a written agreement containing his/her intention not to punish the defendant on May 19, 2016, and thus, this part of the indictment by judgment is dismissed.

The primary sentencing criteria for sentencing: Unsettled sentence of imprisonment (gold punishment): The person who is sentenced to a fine of one million won or more: A person who is subject to a reduction, such as the aggravation of the nature of the crime (a crime without any justifiable reason): A confession, victim D’s non-guilty of the punishment, absence of the record of punishment heavier than imprisonment without prison labor (one time of a fine for the same kind), etc.

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