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(영문) 서울북부지방법원 2014.09.19 2014고단2425
폭행
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the prosecution against the victim C is instituted.

Reasons

Punishment of the crime

1. On June 24, 2014, around 18:45, the Defendant assaulted the victim’s face one time by taking advantage of alcohol on the front side of the Dongdaemun-gu Seoul apartment complex D apartment, and without any justifiable reason, he was under the influence of alcohol, who was subject to restraint from the victim E (the age of 30) who observed the assault.

2. On June 25, 2014, at around 06:45, the Defendant discovered the victim G (n, 58 years of age) at the crosswalk in front of the Dongdaemun-gu Seoul Metropolitan Government F building, and assaulted, under the influence of alcohol, the victim’s face at one time and one time, and without any reason, at one time the head of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the defendant and his defense counsel's assertion as to the defendant and his defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Since the defendant alleged that he was in a state of mental disability due to the drinking at the time of the crime of this case, according to the records, the defendant's drinking is recognized as having drinking at that time, but it does not seem that the defendant had a weak ability to discern things or make decisions, and thus, the above assertion by the defendant and his defense

Public Prosecution Rejection Parts

1. On June 24, 2014, at around 18:45, the Defendant, under the influence of alcohol on the front side of the DNA apartment in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant used the victim at one time to walk the right bucks of the victim C (here 30 years of age) one time to walk, and assault the victim at one time to the right her face by drinking.

2. The facts charged in this part of the judgment constitute a crime of non-violation of will which cannot be prosecuted against the victim's explicit will pursuant to Article 260(3) and Article 260(1) of the Criminal Act.

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