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(영문) 전주지방법원 2021.01.20 2020고정58
상해등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

(2020) On November 20, 2019, the Defendant: (a) committed assault against the victim E (34 tax) before the D terminal where the Defendant located in Geumcheon-gu Seoul Special Metropolitan City on November 20, 2019, such as 01:40, (b) thrown away the victim E (34 tax) cigarette but spiting spits, etc.; (c) the said victim spits down two times on the face of the said victim due to the defect of bath, and (d) prices three times the part of the victim’s spits.

Summary of Evidence

1. The Defendant’s partial statement E, F, G, H, and B’s report on internal investigation (a diagnosis document, etc. attached by E) / (the Defendant and his defense counsel asserted to the effect that the Defendant only caused the Defendant’s flab by making the flab by using flab, etc. from the damaged party, and that the Defendant’s flab did not interfere with the victim’s body. However, according to the evidence of the judgment, the Defendant’s flabing the victim’s face, knee, knee, and knee, sold the victim’s flab by 3 times the victim’s flaf, and the victim’s flabing against it.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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

1. The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act (2020 high court 211);

1. The summary of the facts charged was the date and time indicated in the above facts of the crime, and the victim B (V, 24 years old) of E's female-friendly job offering victim B (V, 24 years old) who was disputing with E at the same place, and the above dispute was prevented, and both descendants led the victim's shoulder, leading the victim's shoulder, and assaulted the victim's chest with the hand floor with the victim's chest.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) The victim must express his/her intention not to punish the defendant after the prosecution is instituted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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