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(영문) 광주지방법원 2017.05.19 2016고단5858

폭행

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On October 2, 2016, Defendant B, at around 01:50 on October 2, 2016, the Defendant: (a) intending to take the part of the victim “D” operated by the victim A (W, 58 years of age) in Gwangju Dong-gu, in order to take the part of the victim’s cellular tape recording; (b) intending to take the part of the victim’s cellular tape recording; (c) rancing the victim’s body by taking the part of the victim’s cellular tape recording; and (d) assaulted the victim on two occasions by taking the part of the victim’s shoulder.

B. On October 2, 2016, around 01:50 on October 2, 2016, Defendant A: (a) committed assault against the victim by having the victim’s shoulder part by having the victim’s shoulder recorded in D “D”, which is one of the following: (b) the victim’s 52 years of age; (c) the Defendant expressed the Defendant’s desire to take the Defendant’s hand phone recording; and (d) the Defendant took the Defendant’s hand phone recording; and (d) the Defendant committed assault against the victim by having the victim’s shoulder boomed twice

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. On May 19, 2017, after the institution of public prosecution, the victims expressed their intention not to punish the Defendants who are the other party.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;