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(영문) 수원지방법원 안산지원 2013.05.15 2013고단705
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 7, 2013, at around 00:40, the Defendant arrived in front of the members of Ansan-si C Apartment-gu, Ansan-si, a taxi driven by B.

At this time, the victim D(the age of 19) and the victim E(the age of 19) committed violence against each victim when he/she took the right side of the victim E, on the ground that he/she was satisfying the defendant who was self-employed to ask for accurate arrival at the destination. The victim D(the age of 19) and the victim E(the age of 19) were able to witness the above site and told the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Each police statement made to B, D, and E;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of this part of the facts charged was around 00:40 on February 7, 2013, the Defendant arrived at the front of the member C Apartment-gu Seoul Apartment-gu in Ansan-si, Gyeonggi-do, where he was a taxi driven by the victim B (the age of 51).

At this time, the victim assaulted the victim by drinking the back water and the back water of the victim on several occasions on the ground that the victim was satisfying the defendant who is self-satisfy to ask for accurate destination.

2. The determination is a case that falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the intent expressed by the victim under Article 260(3) of the Criminal Act.

However, according to the agreement submitted by the defendant, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on February 25, 2013, which was after the prosecution of this case was instituted.

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

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