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(영문) 수원지방법원성남지원 2020.10.15 2020고정459
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 00:10 on January 1, 2020, the Defendant was hospitalized in the C Hospital 72-dong of Sungnam-si, Sungnam-si, in front of the D Hospital 72-dong, and was in operation on the left-hand turn, and the C Hospital Medical Cooperation Team instructed the Defendant’s mother-gu, who entered the first-class guardian, to send a text message informing the Defendant of a general hospital that is able to give additional medical treatment, without the Defendant’s consent, and the doctor or the person in charge stated that the Defendant would be harming the Defendant’s mother-gu, who was on the part of the nurse waiting room and was in charge of the medical doctor or the person in charge. In other words, the Defendant assaulted the victim D (the victim, 26 years old) who was the nurse, by taking care of transparent plastic hand booms (15 cm, 15 cm in length, 15 cm in length).

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the records, the facts can be acknowledged that the victim expressed his/her wish not to punish the defendant after the prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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