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(영문) 광주지방법원 목포지원 2017.04.21 2017고정69
폭행등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B are married couple.

On April 29, 2016, the defendant, at the front of the defendant's body located in Newanan-gun C around 17:20 on April 29, 2016, added the clothes, etc. in which the market price of the victim's possession is unknown to him/her, and had the effect

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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 April 29, 2016, the summary of the facts charged: (a) on the grounds that the Defendant returned home at the lower house of the Defendant located in Newanan-gun C on April 29, 2016, around 17:20, the Defendant assaulted the Defendant at one time at the lower house of the Defendant, both the victim’s head, one time, and the right side of the victim’s head, one to two times, and one to two times, with his/her hand, on the left side.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent. Since the victim withdraws his intent to punish the defendant after the indictment of this case, this part of the indictment is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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