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(영문) 서울북부지방법원 2015.02.11 2014고단4118
폭행
Text

The prosecution of this case is dismissed.

Reasons

The acquittal portion

1. Around October 21, 2014, the Defendant, at around 21:00 on October 13, 2014, suffered bodily injury, such as the closure of the bones, which requires approximately three weeks of medical treatment, as he / she was flatd from the victim’s house to flatd the victim’s flat, and flatd the victim’s face.

2. As evidence consistent with the facts charged, there are a police interrogation protocol for the victim, a written statement of the victim, and a written diagnosis of the victim's injury.

On the other hand, the victim appeared as a witness in this court, and stated that he was able to have his face taken three times as a witness, and did not have his face taken by the victim, and that he was able to take the face of the defendant as head.

Therefore, the possibility of the above injury suffered by the victim cannot be ruled out due to the act of the victim, and the above evidence alone is insufficient to recognize that the victim suffered the injury as shown in the facts charged of this case due to the act of the defendant, and there is no other evidence to acknowledge it.

3. If so, the above facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because there is no proof of crime. However, as long as the public prosecution is dismissed as follows with respect to the assault included in the above facts charged, the judgment of innocence shall not be rendered separately.

Since the facts charged as to the injury of this case are included in the facts charged of assault, the judgment on the part of the facts charged is a crime 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. The records show that the victim expressed his/her wish not to punish the defendant on the date of the first day of December 17, 2014, which was after the institution of the prosecution of this case.

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