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(영문) 서울북부지방법원 2021.02.16 2020고단915
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

On May 24, 2020, at around 00:50 on May 24, 2020, the Defendant assaulted the victim jointly with C, with the Defendant, on the ground that: (a) the Defendant was under the influence of alcohol at the retail of the victim D (19 years old) under the influence of alcohol; (b) the Defendant was under the influence of alcohol; (c) the Defendant was under the influence of alcohol at a flood; (d) the Defendant was under the influence of alcohol at a flood; (e) the Defendant was under the influence of alcohol at a flood; and (e) the Defendant was under the influence of alcohol at a flood of the victim; and (e) the Defendant was under the influence of the victim’s be under the influence of alcohol.

Summary of Evidence (Case 2020, 3948)

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes in the protocol of police statements made to D (the case of "2020 Senior 3948");

1. Although the Defendant has led to a confession of the crime on the grounds of sentencing prior to the punishment of imprisonment under Article 2 subparag. 1 of the pertinent Act as to the crime, Article 2 subparag. 2 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 2 of the Act on the Punishment of Violences, etc. for the Selection of Punishment, etc., of Criminal Crimes, the Defendant has been committed several times due to the same crime, the Defendant was not in attendance at a trial date after being served with a writ of summons of the trial date, and there was no good attitude in the trial. Following the dismissal of the public prosecution, the Defendant committed the crime as stated in the above crime during the trial of 2020 Godan 915 as stated in the dismissed part of the prosecution, the Defendant did not have agreed with the victim and endeavored to recover damage, and other circumstances revealed in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.

Dismissal of Public Prosecution (2020 Godan 915)

1. On December 1, 2019, the Defendant assaulted the victim at least three times in front of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the ground that the victim F (13 Does) was changed to himself/herself in front of the building on December 1, 2019.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

B. On December 8, 2020, after the indictment of this case was instituted, the victim does not want the punishment of the defendant.

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