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(영문) 수원지방법원 2020.04.23 2019고단7593

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On November 16, 2019, the Defendant: (a) around 11:40, the Defendant, under the influence of alcohol at the C convenience store located in Suwon-si D, Suwon-si; (b) took a bath for the victim D (the age of 13) without any justifiable reason; (c) threatened the victim as he would turn into the hands floor; and (d) assault the victim by booming the neck with both hands.

2. According to Article 260(1) and (3) of the Criminal Act, a crime of assault cannot be prosecuted against the victim’s express intent.

However, according to the records, it can be recognized that a written agreement stating the victim's intent to "not want to punish the defendant" has been submitted to this court after the prosecution of this case was instituted.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.