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(영문) 청주지방법원 2019.03.28 2019고정131

폭행

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All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant B: (a) around 10:30 on January 16, 2019, the victim E, who had drinking alcohol in a “D” restaurant located in Seowon-gu, Seowon-si, Seowon-si, had drinking alcohol in the next table, was the victim E, who had drinking alcohol in the victim’s day-to-day table, was the victim’s day-to-day drinking and drinking.

Although the defendant's daily behaviors and the victim's daily behaviors were in front of the Flock in the restaurant, the victim tolded that he continued to have a dispute with the defendant's daily behaviors, but he did not hear but assaulted the victim by making a defect in the bath or booming the victim's interests.

B. Defendant A’s above Defendant A.

The victim E, who is the defendant's behavior at the same time and at the same place as the same as the paragraph, told the victim to fight against the above B's behavior and dispute with the defendant, but he did not hear, but assaulted the victim by taking the victim's face one time in drinking.

2. Each of the above facts charged is an offense falling under Article 260 (1) of the Criminal Act and shall not be prosecuted against the clearly expressed will of the victim under paragraph (3) of the same Article.

However, according to the records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendants on February 26, 2019, which was after the indictment of this case was instituted.

Therefore, all of the public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.