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(영문) 대구지방법원 2016.08.10 2016고정757
폭행
Text

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

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

Reasons

Punishment of the crime

On December 13, 2015, at around 10:10, the Defendant: (a) 10:10, and around 3:3, the E subway Station, located in Daegu-gu, Daegu-gu, and (b) Da and Nowon-gu, the Defendant: (c) fleeped the victim F, on the ground that the victim F, was flicked; and (d) f, on the ground that the victim F, the Defendant f, at the military night, flicked the victim F

Summary of Evidence

1. Part of the defendant's legal statements;

1. Application of the respective statutory statements of C, F, and G to the Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection 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 December 13, 2015, the Defendant, at around 10:10 on December 13, 2015, assaulted the victim’s chest by hand while she was flicked with the victim C, who was flickly on the offline in the E subway Station No. 3, Namgu, Daegu-gu, Daegu-gu, with the Defendant.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent in accordance with Article 260(3) of the Criminal Act.

On July 13, 2016, after the institution of the instant prosecution, C may recognize the fact that he/she expressed his/her intention not to be punished against the Defendant in this Court.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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