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(영문) 서울북부지방법원 2018.06.01 2018고단597
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2017, around 02:50 on July 14, 2017, the Defendant: (a) the Defendant’s wife and the Defendant’s wife and the Defendant’s wife, who was a soldier after the Defendant’s religion (Min, 59 years old), and was in the Republic of Korea.

ATV Malecom was put on the part of the victim's right, and the part of the victim's shoulder attached to the defendant has been divided into the victim's shoulder.

As a result, the Defendant inflicted an injury on the victim, such as spine so that the victim needs to receive approximately eight weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or E;

1. Each investigation report (as to submission of a victim's D injury diagnosis report, etc., as to the place of emergency medical services activities, etc.);

1. Application of Acts and subordinate statutes of each photograph (in the face of 14, 20 pages of investigation records);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant recognized the crime of this case and the injured person does not want the punishment of the defendant in agreement with the injured person);

1. The part of dismissing the public prosecution under Article 62-2 of the Criminal Act

1. Around July 14, 2017, the summary of the facts charged was assaulted by the Defendant, at around 02:50, on the part of the Defendant’s house, and around 302, the victim F (27 tax) of D, who was the son’s child to arrive at D’s telephone, by committing an injury to D, in his/her hand, by booming the victim’s shoulder part of his/her body, by putting him/her over his/her body part, and her part of the victim’s body.

2. This part of the facts charged is an offense 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.

However, on May 24, 2018, after the institution of the instant prosecution, a written agreement was submitted by the injured person who expressed his/her wish not to punish the accused, so this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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