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(영문) 수원지방법원 2016.07.20 2015고단3385 (1)
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

[ 유죄 부분] 범 죄 사 실 피고인은 2015. 6. 27. 00:50 경 수원시 장안구 D 건물 앞길에서 친구인 E과 싸우던 중, 주변에서 이를 목격하고 피고인을 말리려는 피해자 C(21 세), F과 시비가 붙어 피해자 C의 얼굴을 주먹으로 때리고 정강이를 발로 찼다.

As a result, the Defendant got the victim C with a 14-day therapy, such as a stude and a stude around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation is unclear and thus, it is not reasonable to issue an order for compensation) / [the part dismissing the public prosecution] Defendant in the public prosecution room / Around 00:50 on June 27, 2015, the Defendant was able to have a witness at the front of the D building in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, who was friendly E and pushed back to the surrounding area and tried to speak the Defendant and take the face of victim F, who is attached to C, victim F (21 years) and Si expenses.

Accordingly, the Defendant assaulted the Victim F.

Judgment

This part of the facts charged against the Defendant 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 same Act. Since the written agreement was submitted on June 30, 2016, which was after the prosecution of the instant case was instituted, and the injured party expressed his/her intent to withdraw his/her wish to punish the Defendant, this part of the indictment against the Defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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