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(영문) 서울남부지방법원 2013.06.17 2013고단1520
폭행
Text

Defendant

In respect of B, a sentence of punishment shall be suspended.

Defendant

A The prosecution against A is dismissed.

Reasons

At around 22:50 on February 10, 2013, the Defendant suffered an injury on the treatment days due to the treatment days, such as cutting off the part of the victim's inner part of the inner part of the Defendant at a time when the opening of the Guro-gu Seoul Metropolitan Government opened the subway in the direction of Seoul and getting off the subway station, against the victim A and D, and the victim C, in response to this, the victim's inner part of the inner part of the Defendant at a time when the victim's inner part of the inner part of the Defendant was taken off one time as drinking, and making the victim's inner part of the inner part of the victim go beyond the floor at a time of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B of the protocol of interrogation of the police as to B, and the second protocol of interrogation of the police as to the defendant

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence [The charges of this case against the Defendant (Defendant A) are as follows: Article 59(1) of the Criminal Code of the Republic of Korea [the punishment to be suspended: fine of 500,000 won: fine of 50,000 won (the period converted into one day), the Defendant was the first offender; the victim was not punished; and the sentencing conditions of Article 51 of the Criminal Code are considered] The charges of this case against the Defendant are as follows: the date and time recorded in the judgment of the Defendant; the place where the Defendant was going through subway in the middle of the opening of Guro-gu Seoul Metropolitan City, on the ground that the victim B (the 36 years of age, south) who was seated in the opening of the opening of Guro-gu Seoul Metropolitan City and the 6 years of age, and the victim committed assault, such as the victim's 's flag attached' and the victim's inside of the victim's inside by hand,

However, this 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. Since B expressed his/her intent not to be punished by the Defendant at this court on June 17, 2013, Article 327 subparag. 6 of the Criminal Procedure Act is applicable.

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