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(영문) 대전지방법원 2019.06.20 2019고단1075

폭행

Text

The prosecution of this case is dismissed.

Reasons

On April 18, 2019, the Defendant was sentenced to six months of imprisonment and one year of suspended execution by the Daejeon District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving). The judgment was finalized on April 26, 2019.

The defendant was injured by traffic accident and sent back to the emergency department of B hospital, and the victim C (V, 29 years of age) and the victim D (ma, 31 years of age) are nurses serving in B hospital.

Around 08:50 on December 30, 2018, the Defendant: (a) expressed the victim C’s desire to collect blood at the police’s request at the Seo-gu Seo-gu Hospital emergency room; (b) expressed the victim C’s desire to do so at the victim C’s request by a mixed-level language; and (c) heard the victim C’s “humping” from the victim C. On the part of the victim’s left arm’s length, the Defendant used the victim’s left arm’s length to walk at one time at the victim’s own port under the influence of medical use; and (d) assaulted the victims, respectively.

Judgment

The facts charged in the instant case are those falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, on June 18, 2019, after the prosecution of this case, the victims withdrawn their wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.