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(영문) 수원지방법원 성남지원 2020.02.20 2019고단2981

폭행

Text

The prosecution of this case is dismissed.

Reasons

On September 24, 2019, at around 00:30 on September 24, 2019, the Defendant assaulted the victim, such as the victim C (n, 22 years of age) in front of the building in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the victim’s face and head with the victim’s own hand, and walking the bridge due to the scam.

Judgment

The facts charged in the instant case fall under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the records, it is recognized that the agreement entered into by the victim after October 11, 2019, which was prosecuted of the instant case, was submitted to the prosecution on October 18, 2019.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.