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(영문) 수원지방법원 2018.03.07 2017고단6212
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 18, 2017, the Defendant: (a) committed assault on two occasions by his hand on the ground that he tried to open the victim’s shoulder, despite the Defendant’s distribution of the vessel exercising the right of retention in relation to the claim for construction cost, at this location, the key repair victim C (23 years old) who was authorized to repair the keys in the Yeongdeungpo-gu B Housing at this location; and (b) the Defendant tried to open the Defendant’s vessel, which exercised the right of retention in relation to the claim for construction cost.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

However, after the prosecution of this case, the victim expressed his intention not to be punished against the defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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