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(영문) 춘천지방법원 2018.08.17 2018고합1
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was as follows: (a) around 14:00 on October 29, 2017, the Defendant: (b) around 14:00, at the D Games event site in Chuncheon, volunteers provided to the players participating in the Games; (c) however, (d) the Defendant was under the venue of the event.

Accordingly, the victim E (n, 13 years of age) who is a volunteer, was landed under this venue, and the defendant brought the victim to the venue again, and the defendant was boomed twice by the victim's hand.

Accordingly, the defendant assaulted the victim.

2. The act of the accused in the judgment shall not be prosecuted against the clearly expressed will of the injured party in accordance with Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

In this regard, according to the statement written by the victim, the victim may recognize the fact that on November 12, 2017, prior to the prosecution of this case, the victim already expressed his/her intention not to be punished against the defendant.

On the other hand, the victim was investigated by the prosecution on June 29, 2018, which was after the prosecution of this case, and stated to the effect that “At the time of the preparation of the written statement, the defendant tried to be punished severely due to an indecent act by force, and that if the defendant’s act constitutes violence not by force but by assault, the victim’s punishment is desired.”

However, the charges on the charges of indecent act originally charged and the charges on the charges of assault of this case subsequently revised are identical to the date, place, victim, and form of the crime, and there is no change in basic facts, and only the legal evaluation of the defendant's act is different. As such, the victim's intent not to punish him/her should be deemed as being effective on the defendant's act itself, and the part of the charges on assault of this case, which differs only from the legal evaluation, shall not be separately

shall not be deemed to exist.

(a) h.

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