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(영문) 창원지방법원 2019.11.21 2019고정561
폭행
Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged is a member of CHousing District Association.

Defendant

A On September 11, 2018, the Defendant heard at the F Office Co., Ltd., a company that is an agent for the above partnership services of the building D, Changwon-si, Seoul Special Metropolitan City, that additional contributions would be incurred after the occurrence of the first additional contributions, and he demanded the return of a written resolution already submitted to the said union, the Defendant was pushed off the victim G (the age of 48) who was the F operator of the company (the age of 48) to enter the office, saying, “I am from the office that is not a member of the company, I am off the victim’s arms.”

Accordingly, the defendant committed assault against the victim.

B. At around 18:59 on September 13, 2018, Defendant B posted a letter that the members of the said union crushed documents in the Kakakao Stockholm group conference room in which they participated, Defendant B, who is an employee of the said union, she was aware of the crushings brought to the victim H (the 31 year old age group) who was an employee of the said union in the third floor union’s office of the third floor union. In the process of breaking any documents, the victim’s shoulder in the left hand, and the victim I (the 54 years old group) who is an employee of the said union collected the documents, followed the victim I (the 54 years old group) who was an employee of the said union, and then sealed the victim’s shoulder once by hand without any justifiable reason.

Accordingly, the defendant committed violence against the victims.

2. Each of the facts charged against the Defendants is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the records, it is evident that G, H, and I, each victims, expressed their intention not to be punished against the Defendants by the withdrawal of the complaint from November 19, 2019 after the prosecution of this case was instituted. Thus, each of the instant prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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