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(영문) 서울동부지방법원 2016.07.22 2016고정1174
폭행
Text

Each public prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that Defendant B is a person engaged in interior business, and Defendant A is a self-employed person.

Defendant

B was performing interior construction in Gangdong-gu Seoul and the first floor, and Defendant A demanded correction on several occasions due to noise, etc. caused by the above construction, which interfered with the operation of his main points in the underground floor of the building.

A. Defendant B, around November 2, 2015, at the site of the instant 18:00 on November 2, 2015, caused inconvenience to the victim A, such as dust, bags, noise, etc., generated from the construction works, and resisted to the employees at the construction site. Defendant B, at the site of the instant 1st floor construction site, dried and pushed down the erogate.

Accordingly, the defendant assaulted the victim.

B. Defendant A set up against the victim B’s assault as set forth in paragraph (1) and pushed down his arms with two descendants.

Accordingly, the defendant assaulted the victim.

2. The case is a crime 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. The victims may be found to be present on July 22, 2016, the date of the instant public trial and present on July 22, 2016, which is the case after the instant public prosecution.

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

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