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(영문) 춘천지방법원 2014.04.07 2014고단94
폭행등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:05 on November 2, 2013, the Defendant openly insultingd the victim at the location where G, saying, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F's accusation, statement, and Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. The criminal facts of this case for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order in light of the fact that the defendant insultings a police officer in the course of performing official duties, the defendant should be punished by a strict punishment. However, the defendant has endeavored to commit a crime against the victim F, and the defendant is Grade V with a physical disability and is not healthy.

On November 23, 2013, the part dismissing the prosecution of this case stated in the facts charged, the Defendant stated that “the Defendant committed an assault by taking advantage of his/her will” from the victim G (the 39 years of age) who was a taxi engineer at the place indicated in the facts charged, and stated that “the Defendant committed an assault by taking advantage of the victim’s left hand by taking advantage of the victim’s desire to take out the horses, and that “the flag shall be opened, the flag shall be opened, the flag shall be opened, the flag shall be opened, the flag shall be opened, and the flag shall be opened, the flag shall be left hand.”

However, this is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the agreement entered in the records, the victim has withdrawn his/her wish to punish the defendant against the investigation agency on November 11, 2013, prior to the institution of the prosecution of this case.

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