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(영문) 수원지방법원 여주지원 2013.11.01 2013고정335
폭행
Text

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B around April 5, 2013, around 23:45, the victim A (the age of 27) and the defendant's acting driver E and F, etc. were in conflict with each other with the victim under the influence of alcohol during the fighting campaign.

Accordingly, Defendant B was punished for physical fighting, such as putting the body body of the victim on her hand, shaking the body of the victim, pushing the body of the victim, and cutting the body of the victim, but the victim lost balance and got the victim over tightly, thereby causing the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to A;

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, the selection of fines (the same punishment as the order shall be determined in consideration of the circumstances leading to the crime of this case, the extent of the use of force by the defendant, the degree of injury by the victim, the fact that the defendant agreed with the victim);

1. Part concerning dismissal of public prosecution under Articles 70 and 69 (2) of the Criminal Act;

1. On April 5, 2013, the Defendant: (a) around 23:45 on the facts charged against Defendant A, committed assault with the victim B before the “D convenience store” located in the Gyeonggi-gun Co., Ltd.; (b) on the part of Defendant B, the Defendant her hand dumped the b, sphere, and sphere the victim’s sphere and sphere, and committed assault.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act and cannot be punished against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim B’s written agreement, including the purport that the defendant does not want to be punished on September 6, 2013, which is the date of the instant indictment, is recognized to have been submitted to this court. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure

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