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(영문) 대전지방법원 공주지원 2016.01.26 2015고단357

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The prosecution of this case is dismissed.

Reasons

1. On October 10, 2014, Defendant A received a summary order of KRW 700,000 as an offense of assault in the Daejeon District Court’s official branch on October 10, 2014, the same criminal records are more than four times.

【 범죄사실】 피고인은 2015. 8. 11. 05:00 경 공주시 C에 있는 ‘D’ 주점 앞에서 피해자 E(45 세), 피해자 F(35 세) 과 싸움을 벌이던 중 피해자 F의 얼굴을 향해 발길질한 후 다리 부위를 발로 1회 걷어차고, 피해자 E을 밀쳐 넘어뜨린 뒤 얼굴 부위를 주먹으로 여러 차례 때리고, 등 부위를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted victims.

2. The facts charged above shall not fall under Article 260(1) of the Criminal Act, and shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260(3) of the Criminal Act.

However, according to the agreement submitted on January 26, 2016, which was after the prosecution of this case, the victims do not want criminal punishment against the defendant.

Thus, the facts charged of this case constitute a case in which the expression of intent to punish a case that cannot be prosecuted against the clearly expressed intention of each victim is withdrawn, and thus the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.