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(영문) 울산지방법원 2020.11.27 2020고단1386

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who used the Victim B (the 20-year-old) and the 15-year-old living group, and is in the relationship between the Victim B and the 15-year-old living group.

On May 13, 2019, the Defendant assaulted the victim's right hand at one time on the top of the second hand on the victim's right hand, on the ground that the victim saw the victim's desire to take a bath (the bath-class person's desire to take a bath-class person's intermediate rank) under the C's instructions of the C's C', and then he expressed his desire to take a bath-class person's desire to do so.

B. At around 14:00 on July 24, 2019, the Defendant: (a) asked the victim’s return from the leave in the south-gu, South-gu, to “I would have been in a sexual intercourse with the female-child-child-child-child-child-child relationship”; and (b) avoided the answer that “I would have avoided the victim’s return from the leave in the front place.”

그러자 피고인은 “여자친구가 떡볶이였냐, 떡볶이 맛있었냐 ”라고 말하여 같은 소속대 하사 F, 상병 G가 있는 앞에서 피해자를 공연히 모욕하였다.

2. The offense of assault under Article 260(1) of the Criminal Act is not prosecuted against the clearly expressed will of the victim as the offense of assault under Article 260(1) of the Criminal Act. The offense of insult under Article 311 of the Criminal Act is an offense subject to victim’s complaint, and such offense

According to the records, on November 3, 2020, after the prosecution of this case, a "agreement" was submitted to this court on November 3, 2020, to the effect that "the injured party was fully agreed upon with the accused, and thus, he/she does not want punishment for violence and withdraws a complaint regarding insult."

This constitutes a case where there is an expression of intent not to punish a person under Article 327 subparagraph 6 of the Criminal Procedure Act, and it constitutes a case where a complaint is withdrawn under Article 327 subparagraph 5 of the Criminal Procedure Act, and thus, it is so decided as per Disposition as to the facts charged in