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(영문) 수원지방법원 2020.10.16 2020고정1059

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. At around 08:10 on March 17, 2020, the Defendant: (a) committed an assault against the victim C (Nam, 69 years old) who was in the apartment guard room in order to carry out the apartment guard work without any reason, and (b) brought an assault against the victim E (Nam, 52 years old) who was in the front of the said apartment guard room in order to carry out the apartment guard work; (c) around 11:50 on March 17, 2020, on the ground that the victim E (Seoul, and 52 years old) demanded installation of the key in front of the said apartment guard room, spiting down the face of the said victim and drinking the face of the said victim at once the left-hand side of the said apartment house; and (d) committed an assault against the victim, walking the right-hand side of the said victim in order to walk on the left-hand side of the said apartment.

2. According to Article 260(1) and (3) of the Criminal Act, a crime of assault cannot be prosecuted against the victim’s express intent.

However, according to the records, it can be recognized that the victims expressed their intention not to prosecute the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.