beta
(영문) 인천지방법원 2020.05.15 2020고단1503

폭행

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for special larceny at the Incheon District Court on June 13, 2019, and the sentence becomes final and conclusive on June 21, 2019 and is currently under suspended sentence. A.

Defendant

B On November 22, 2019, at around 22:30, the Defendant decided to exchange used goods transaction sites in the Seo-gu Incheon Metropolitan City C Apartment Underground Parking Lot with the victim A, and then dialogueed with the victim, but it continued to hold a vision due to the lack of opinions, and assaulted the victim's clothes by opening up the driver's seat of his/her own car to the outside, so far as it is difficult for him/her to reach the outside.

나. 피고인 A 피고인은 제1항 기재 일시 및 장소에서 위와 같은 폭행에 대항하여 피해자 B이 타고 있던 승용차의 열려 있는 운전석 창문 안쪽으로 자신의 손을 넣은 후 피해자의 왼뺨을 1회 밀쳐내어 폭행하였다.

2. The facts charged of the instant case are those 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, it is evident that each victim expressed his/her wish not to punish the Defendants during the first trial on May 15, 2020, and thus, the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.