(영문) 광주지방법원 순천지원 2014.09.23 2014고단171

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(영문) 광주지방법원 순천지원 2014.09.23 2014고단171

상해

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The prosecution of this case is dismissed.

Reasons

1. Around 11:00 on October 2, 2013, the Defendant: (a) committed assault to the Defendant’s house located in Macheon-si, the Defendant committed assault on the part of the Defendant, i.e., at the victim’s house; (b) during the dispute with the victim D and waste gas transport replacement; (c) on the part of the Defendant, the victim took the part of the Defendant’s left part of the victim’s house by drinking the victim’s house; and (d) on the part of the victim, the Defendant took the victim’s hair into her hand with the victim’s hair and faced the victim with the fluor, thereby causing about two weeks of treatment.

2. According to each legal statement of the victim D, witness D, and E, it is recognized that when the defendant was in accordance with the part of this part from the victim, the fact that the victim's left side was taken one time by drinking to the victim.

Furthermore, in light of the fact that the defendant was faced with the victim's appearance and the fact that the defendant was faced with the victim's appearance, the victim's statement was made in this court and the investigative agency as evidence corresponding thereto. However, witness E, witness E, in the process of removing the defendant and the victim, stated that the victim was faced with the victim's appearance, it is difficult to believe the victim's statement as it is and there is no other evidence to prove it otherwise.

Therefore, the defendant cannot be punished as the crime of bodily injury and only the crime of assault can be established. The crime of assault is a crime 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 According to the victim's statement in this court, the victim can recognize the fact that the victim has withdrawn his/her wish to punish the defendant on September 2, 2014, which is after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 (6) of the Criminal Procedure

참조조문

-형사소송법 제327조 제6호

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