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(영문) 서울중앙지방법원 2015.08.13 2015고단2579
상해등
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 March 3, 2015, at around 22:15, the Defendant damaged the victim’s safety in the city by preventing him/her from wearing an inner gate any longer by using his/her hand, and preventing him/her from wearing the inner gate any more in his/her hands in the D restaurant in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Photographs materials (or warning that has been damaged by the victim);

1. Application of Acts and subordinate statutes to criminal records;

1. Article 366 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around March 3, 2015, the Defendant, at the Seocho-gu Seoul Metropolitan Government D cafeteria on March 22:15, 2015, assaulted the victim by considering the face of the victim himself/herself one time as drinking, while drinking together with the victim E and Si expenses.

2. The public prosecution against the clearly expressed will of the victim shall not be instituted as an offense falling under Article 260(1) of the Criminal Act of the judgment.

On July 16, 2015, after the prosecution of this case, the victim explicitly expressed his intention not to punish the defendant.

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

It is so decided as per Disposition for the above reasons.

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