(영문) 의정부지방법원 2020.06.19 2019노1719

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(영문) 의정부지방법원 2020.06.19 2019노1719

존속폭행등

Text

The judgment below

We reverse the part of the remaining violence.

In the facts charged of this case, remaining assault is committed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, since the victim expressed his intention not to punish the defendant, it is necessary to dismiss the prosecution as to the remaining violence among the facts charged in the instant case. However, the court below erred by misapprehending the legal principles, which acquitted the above facts charged, thereby affecting the conclusion of the judgment.

B. According to the evidence submitted by the prosecutor of mistake of facts (special intimidation), although the defendant could sufficiently recognize the fact that the defendant threatened the victim by threatening him/her, which is a dangerous object, such as this part of the facts charged, the court below acquitted the defendant of this part of the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. As to the assertion of misapprehension of legal principles

A. On April 6, 2018, the Defendant: (a) around 18:40 on April 6, 2018, the summary of this part of the facts charged reveals that, within the government’s dwelling premises D heading of the building C; (b) the abolition of the abolition to the victim B who returned home without any justifiable reason; and (c) assaulted the victim’s head head by drinkingly.

B. The crime of violence is a crime falling under Article 260 (2) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records of this case (the agreement, No. 19) the victim expressed his/her intention not to be punished against the defendant on January 22, 2019, after the prosecution of this case was instituted.

Therefore, this part of the public prosecution constitutes "when there is an expression of intent not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim, or when the declaration of intent not to punish a case is withdrawn" under Article 327 subparagraph 6 of the Criminal Procedure Act, and thus, the public prosecution is not not acquitted as to this part of the facts charged, but it is not a judgment dismissing the public prosecution in accordance with

참조조문

-형사소송법 제327조 제6호

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