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(영문) 수원지방법원 2018.02.01 2016고정2497
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal records] On November 24, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with and injury to official duties in the support of Suwon Frigwon, and the judgment became final and conclusive on April 1, 2017.

[Criminal facts] On June 16, 2016, at around 03:40, the Defendant provided a talk with the victim about drinking alcohol in front of the Eelhere-gu Eel-gu, Suwon-si, Suwon-si, that his female-child and the victim F (31 years old, South) met on the same day.

During that period, the victim was sprinked by breathing the breath of the victim, sphering the sphere of the sphere with his head, and sphering the victim's sphere with his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Photographs (a photograph at the time of damage to victim F);

1. Previous conviction: Inquiries about summary information of the case and the application of a copy of the judgment;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On June 16, 2016, the Defendant: (a) committed assaulting F on the street in front of the Eelel located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (b) threatened F’s friendly job offering Victim C (30 years, South) with the victim’s drinking, thereby threateninging the victim as he/she would be at the time of the victim; and (c) assaulted him/her with his/her shoulder and arms.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

B. On March 20, 2017, after the prosecution of this case, the victim C expressed his intention not to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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