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(영문) 울산지방법원 2020.08.27 2020고단1102
폭행
Text

The prosecution of this case is dismissed.

Reasons

On May 22, 2019, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on May 22, 201, and the judgment became final and conclusive on December 24, 2019.

At around 17:10 on November 6, 2019, the Defendant: (a) committed an assault to the victim’s face by citing tobacco locks as his hand on the ground that the victim D (the victim of 25 years of age), an employee, was about the issue of the victim’s order, and did not have any dispute; and (b) committed an assault in line with the victim’s face, by putting him/her on his/her hand and her hand.

However, this part of the facts charged is an offense 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 of this case, it is recognized that the victim expressed his/her intention not to be punished against the defendant after the prosecution of this case (written agreements and written applications for no punishment submitted as of August 24, 2020). Accordingly, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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