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(영문) 인천지방법원 2020.04.10 2020고단1110

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On August 29, 2019, the Defendant: (a) around 01:41 on August 29, 2019, while driving a DNA car from the family distance of Seo-gu Incheon, Seo-gu, Seo-gu, Incheon to two lanes, the Defendant: (b) obstructed the Defendant’s resistance, such as that the victim E (Nam, 24 years of age) followed the Defendant’s vehicle while driving a D Uidi vehicle, followed the Defendant’s vehicle while driving the vehicle through two lanes; (c) caused the Defendant’s defect in the Defendant’s resistance, and (d) assaulted the victim’s neck by driving the vehicle in front of the G in Seo-gu, Seo-gu, Seoul, by driving the victim’s vehicle at his/her own seat, while driving

2. The facts charged of the instant case are crimes falling 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, on September 23, 2019, after the prosecution of this case, a written agreement was submitted to the court on September 23, 2019 to the effect that "the injured party does not want punishment as he/she agreed with the defendant." Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act,