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(영문) 제주지방법원 2020.04.24 2020고단12
폭행
Text

All prosecutions against the Defendants are dismissed.

Reasons

Public Prosecutor's Office

1. Defendant A: (a) around 01:59 on February 16, 2019, around 01:59, on the ground that, in the process of drinking alcohol in “D” on the first floor of the building underground of the building C at Jeju, Defendant A used female employees for drinking alcohol, Defendant A, the owner of the business, and the victim E (the 32 years of age) who was an employee who was at the time of drinking alcohol and the 33 years of age thereafter, went off, and went off, Defendant A took the arms of the victim B by hand, took the head debt of the victim B at one time; (b) Defendant A was able to take the body part, etc. of the victim B by drinking and launching the head debt of the victim; and (c) Defendant A was able to take the body part of the victim B by using the bridge of the victim E at the end of the toilet and faced with the wall inside the above passage.

Accordingly, Defendant A assaulted victims.

2. 피고인 B 피고인 B은 제1항 기재 일시장소에서 손님인 피해자 A(41세)이 여성 종업원을 껴안았다는 이유로 업주인 E와 말다툼하는 것을 말리려고 하다가 시비되어, 손으로 피해자 A의 가슴과 목 부위를 수회 밀치고, 손바닥으로 피해자 A의 뺨을 1회 때리고, 이를 말리던 피해자 A의 일행인 피해자 F(37세)이 피고인 B의 손을 놔 주지 않는다는 이유로 양쪽 발로 피해자 F의 오른쪽 정강이를 2회 찼다.

Accordingly, Defendant B assaulted victims respectively.

However, each of the facts charged in this 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 According to the submission of the normal data of April 7, 2020, the victim B, and E have withdrawn their wish to punish the defendant A on April 7, 2020 after the prosecution of this case, and the victim A and F have withdrawn their wish to punish the defendant B on April 7, 2020 after the prosecution of this case. Thus, all of the prosecutions against the defendants are dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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