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(영문) 의정부지방법원 고양지원 2013.11.08 2013고정1349
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

At around 01:30 on March 13, 2013, the Defendant, who did not have the intent or ability to pay the taxi fee, was going to go to the taxi station in Yongsan-gu, Yongsan-gu, Seoyang-si and was on a D vehicle operated by the victim C at the taxi station in the front of the Dong-dong, Seoyang-gu, Young-si, and was in the absence of an intention or ability to pay the taxi fee, and was engaged in property benefits without paying 13,200 won for the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Penalty fine of 500,000 won to be suspended;

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

1. The dismissal of prosecution under Article 59(1) of the Criminal Act

1. The Defendant assaulted the victim C, who did not pay taxi charges like the facts charged in the facts charged, on the part of the police officer, by using the victim’s left hand floor with the victim’s right hand alone while talking about the taxi charges before the police officer, as stated in the facts charged.

2. We examine the judgment. 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 under Article 260(3) of the Criminal Act. According to the trial and records of this case, it is obvious that C withdraws his wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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