logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.04.22 2014고정389
폭행등
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 21, 2014, around 03:20 on 03:20, the Defendant suffered injury, such as finites, in need of medical treatment for about 14 days, by using violence, such as cutting down both the upper arms of the victim and scambing and scambling, etc., in the “D” entertainment drinking club located in Chungcheongnam-nam, Da. (33 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of injury (E);

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 262 of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of fines for the crime;

1. Penalty fine of 500,000 won to be suspended;

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

1. The rejection of prosecution under Article 59 (1) of the Criminal Act (i.e., the first offender, the victim E expressed his/her intent not to want the punishment of a defendant by attending a court, the crime of this case was committed in the course of passive resistance against the other party's violence, and the victim has been strekingd by spinbacultization of spina, etc.);

1. Around 03:20 on March 21, 2014, the Defendant: (a) committed assault from the victim F (the 33 years of age) of the entertainment drinking club “D” located in Chungcheongnam-Nam Nam, and (b) committed assault by the Defendant by cutting the victim’s hand by hand; and (c) by cutting down the bat of the victim’s hand, the Defendant committed assault by cutting down the bat of the bat with the left hand.

2. The crime of assaulting the above facts charged is a crime that cannot be prosecuted against the victim’s express intent (Article 260(3) of the Criminal Act). Since the victim appeared in the court on April 22, 2015 after the prosecution of this case and expressed his/her wish not to punish the defendant, this part of the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

arrow