(영문) 대전지방법원 2018.10.02 2018고합326

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(영문) 대전지방법원 2018.10.02 2018고합326

존속폭행

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The prosecution of this case is dismissed.

The request for the treatment and custody of this case is dismissed.

Reasons

Judgment on the part of public prosecution case

1. Facts charged;

A. On June 7, 2018, at around 01:30 on June 7, 2018, the Defendant and the victim victim E, the father of the Defendant, tried to take the above head of the victim’s head of the victim’s head of the victim’s head of the victim’s head of the victim’s head of the victim’s body, and 5:6 times to 808, the victim’s face of the victim’s head of the victim’s body, were able to take the above head of the victim’s head of the victim’s head of the victim’s body, and the victim’s face was 5-6 times in drinking.

Accordingly, the defendant assaulted the victim E who is still in existence.

B. On August 8, 2018, the Defendant committed the crime at around 01:35, Aug. 8, 2018, 2018, with a knive hand on the part of the victim D, who was divingd in the above residence, sealed the knives of the female head, and faced the victim E with his/her head, at the right place, he/she was placed at two times as the victim E, and his/her face was taken at one time with his/her hand.

Accordingly, the defendant assaulted the victims who continue to exist.

2. The instant case may not be prosecuted against the clearly expressed will of the victim in accordance with Article 260(2) and (1) of the Criminal Act as an offense falling under Article 260(2) and (3) of the Criminal Act.

According to the legal statement of the victims and the written application of the victims submitted on September 27, 2018, it is recognized that the victims expressed their intention not to be punished on September 27, 2018, which was after the prosecution of this case.

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

Judgment on the claim for medical care and custody

1. The Defendant had the record of having received a disposition to transfer each home protection case for the crime of assault on October 26, 2017 and the crime of assault on December 14, 2017 at the Daejeon District Public Prosecutor’s Office as well as the crime of assault on December 14, 2017, and a person with non-geneous mental disorder, sustainable disorder, etc., committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the facts charged, and is in danger of recidivism.

Therefore, the defendant is the defendant.

참조조문

-형법 제260조 제2항

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