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(영문) 서울중앙지방법원 2020.03.20 2019고단7224
폭행등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. Summary of the facts charged

A. At around 19:00 on August 14, 2018, the Defendant demanded a passenger room to the victim C (the age of 49) working at the seat of the 1st floor of the Busan-gu B hotel in Busan-gu, Busan-gu, but the victim was gathering D signboard (the plastic material, 9cm x 10cm x 10cm) on the part of the victim, which was on the part of the head of the city where there is no guest room, and the victim was gatheringd with the victim of the dial signboard (the age of 45) on the part of the victim E (the age of 45) who told the Defendant’s act.

Accordingly, the defendant assaulted victims respectively.

B. The Defendant expressed the victim C’s expressed expressed that “I can listen to other customers in the vicinity of the information room at the time, time, and place indicated in paragraph (1).” The Defendant expressed the victim E’s expressed the victim “I am friend, friend, friend, friend, friend, friend,” and expressed the victim E “I am friend, friend, friend.”

Accordingly, the Defendant insultd the victims each by openly.

2. Determination

(a) A crime of assaulting: A judgment dismissing a public prosecution by submitting a document stating the victims' intention not to prosecute after a public prosecution is instituted: Article 260(1) and (3)2 of the Criminal Act; Article 327 subparag. 6 of the Criminal Procedure Act

(b) A crime subject to prosecution subject to prosecution: A judgment dismissing a public prosecution by submitting a document stating the victims' intention not to prosecute after the institution of public prosecution is instituted: Article 327 subparag. 5 of the Criminal Procedure Act.

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