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(영문) 수원지방법원 평택지원 2020.05.22 2019고단1825

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant and the victim B (the age of 62) are neighboring residents living in the same loan.

On June 12, 2019, at around 18:00, the Defendant used the victim's breast part of his laundry in front of the "Dlaundry" which is located in Pyeongtaek-si C, and used the victim's breast part of his laund on two occasions while the victim was able to diving the laundry.

2. The defendant's act is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's clearly expressed intention under Article 260 (3) of the Criminal Act. In such a crime of non-prosecution, the victim's expression of wish not to punish or withdrawal of his wishing to punish should be expressed in a way that the victim's true intent is apparent and reliable, and it cannot be expressed again after the victim explicitly expressed his wish not to punish.

(2) Article 232(3) and (2) of the Criminal Procedure Act, Supreme Court Decision 2004Do4300 Decided January 13, 2005, etc.). According to the records of this case, the victim reported on June 12, 2019 to the police around 18:07 and requested the sending of the case to the police. Accordingly, the police officer E arrived at the place indicated in the above facts charged at around 18:15, but the police officer identified the fact that there was an assault time against the Defendant and the victim as a matter of rooftop use. However, as the victim stated on the site that he does not want punishment against the Defendant, the police officer at around 19:09, dissolved the parties and terminated the case, but the victim reported again to the 1112th of the case with her husband at around 21:19, and requested the receipt of the case to the effect that he wishes to commit an assault.

According to the above facts, the victim wishes to punish the defendant as to the above facts charged to the investigation agency on the day prior to the prosecution of this case.