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(영문) 부산지방법원 동부지원 2017.11.09 2017고단1874
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who works as working-level staff in charge of the major in the “D school”, the counterpart special school for disabled students in Busan-gun, and the duties of providing meals, teaching assistance, mobility assistance, etc. of the students in the second and second grade 1 half grade , and the victim E is a person with severe disability with double disability of the first and second grade 1st grade , who was a student with the major in the same school and the first half of the second grade 1.

On November 2, 2016, the Defendant pointed out that the damaged person, at around 13:10 on November 2, 2016, carried out a meal at a restaurant located adjacent to the same building among the same schools, etc., and carried out violence on the part of the victim, following the victim, who seeks to return to the class in common with the former through the high school and the building after the meal, to the class in common. On the second floor of the above school, the Defendant saw the victim as one hand in front of the automatic door of the second floor of the same building, such as the high school, etc., and led the victim to the stairs of the same building, leading the victim to the victim’s head, taking back the back, and taking back the back part, leading the victim’s head once a drinking.

2. The case is a crime 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. According to the records, the victim can be recognized as having submitted a written agreement to the effect that the victim withdraws his/her wish to punish the defendant on July 28, 2017. Thus, the prosecution against the defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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