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(영문) 수원지방법원 안산지원 2021.03.22 2021고단260
폭행
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged and the victim B ( South, 21 years old) are between the Defendant and the victim.

"2021 Highest 260"

A. On December 24, 2020, at around 17:30 on December 24, 2020, the Defendant: (a) committed assault against the victim on the ground that the victimized person found his/her previous abandonment and obstructed the Defendant’s protection.

B. The Defendant, at around 19:30 on the same day as the above paragraph (a) above, committed assault against the victim by putting the victim's shoulder in the Defendant's room on the ground that the victim went to the Defendant's room, thereby keeping the shoulder of the victim, and putting the victim's arms into the hand floor.

(c)

On December 25, 2020, the Defendant: (a) committed assault against the victim at the same place as the above paragraph (a) around 03:00 on December 25, 2020; (b) on the ground that the victim was frighter and frighter, and the victim was frighter.

(d)

On December 28, 2020, the Defendant, at the same place as the above paragraph (a) around 01:00 on December 28, 2020, committed assault against the victim on the ground that the victim was able to play a game in the room and scambling the sound significantly.

"2021 Highest 567"

E. On January 25, 2021, the Defendant: (a) at the same place as the above paragraph (a) around January 19:30, 2021; and (b) at the same place, whether the victim extracted from the Defendant the organic line.

As seen as “the victim’s elbow part is kneek with the Defendant’s arms, and assaulted the victim with kneekne.

2. Each of the facts charged in the instant case can not be prosecuted against the victim’s express intent (Article 260(1) and (3) of the Criminal Act). According to the records, it is recognized that the victim expressed his/her intention not to prosecute the Defendant through the force of the indictment received on February 9, 2021 and the non-application for punishment received on March 9, 2021 after the indictment.

Therefore, according to Article 327 subparagraph 6 of the Criminal Procedure Act, each of the instant cases.

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