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(영문) 춘천지방법원 2018.10.05 2018고단858
폭행
Text

The prosecution against the defendant is dismissed.

Reasons

1. The facts charged [criminal records] The Defendant was sentenced to one year of imprisonment for a violation of road traffic laws at the Chuncheon District Court on November 27, 2017, and the decision became final and conclusive on December 5, 2017. On January 25, 2018, the same court was sentenced to eight months of imprisonment and one year of suspended execution, and the decision became final and conclusive on February 2, 2018.

[Criminal facts] The Defendant is a victim C (V, 50 years of age) and a married couple.

1. On June 23, 2018, the Defendant committed the crime and assaulted the victim on the following grounds: (a) under the influence of alcohol at the Defendant’s friendship in Chuncheon-si D around June 23, 2018; (b) the Defendant was under the influence of alcohol; (c) the Defendant was under the influence of alcohol at the Defendant’s friendship; (d) the Defendant was under the influence of the victim’s shoulder; and (e) when the Defendant was at the left face

2. On June 24, 2018, the Defendant assaulted the victim, such as under the influence of alcohol at the victim’s house located in Chuncheon-si, Chuncheon-si, on June 24, 2018, the Defendant used the victim’s left face part of the victim’s face, brea the head debt, etc.

2. The offense of assault cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. On September 28, 2018, the victim expressed his/her wish not to punish the Defendant.

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

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