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(영문) 수원지방법원 성남지원 2019.01.22 2018고정909

폭행

Text

Each public prosecution against the Defendants is dismissed.

Reasons

Indictment

1. At around 17:55 on February 15, 2018, Defendant A received a claim from the victim B to drive a vehicle in a brupted manner in the front of the Defendant’s vehicle in the 178 Kannam-ro, Yannam-ro, Yannam-ro, Yannam-ro, 178, the Defendant used assault by the victim, such as spiting spits out of the window of the vehicle and cutting down the breath and cutting down the breath, etc.

2. Defendant B, at the above date and place, resisted that he had engaged in a spiting act, such as repeating a sudden stop after stopping a vehicle of the victim A at the same time and place, but the victim spits or spits the Defendant rather against the Defendant, but the Defendant also spits the spiting of the victim, spits the victim’s chest, and assaulted the victim’s chest when the victim faces the victim’s chest.

Judgment

The facts charged against the Defendants are cases in which the prosecution cannot be instituted against the clearly expressed will of the victim. According to the records, the victims clearly expressed their intention not to be punished after each indictment of this case was instituted. Thus, the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.