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(영문) 서울북부지방법원 2016.10.07 2016고단2895
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, on March 13, 2013, was sentenced to a fine of 700,000 won by the Seoul Northern District Court for the crime of injury and that of the same kind of crime two times more.

1. On March 12, 2016, around 12:07, the Defendant assaulted on two occasions the chests of the victim C (the age of 67) on drinking in front of the apartment complex 115 located within the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, with no justifiable reason.

2. At around 13:00 on the same day, the Defendant, at the top of the apartment commercial building of a new apartment complex of 115 located within the Seoul Jung-gu, Seoul, 13:00, assaulted the victim C’s shoulder by 2 times with the enormous (50cm in length, 1cm in diameter) that was carried on by the police on the ground that the Defendant reported the assault described in paragraph 1.

3. On March 14, 2016, at around 11:30, the Defendant assaulted the victim D (V, D, where he is aged 51) with delay disability 3 in the Dobong Green Park located in 136-1, Jung-gu, Seoul, Jung-gu, Seoul, as “D, D, and P,” while blocking the front of the victim by using electric wheelchairs, and assaulting the victim’s arms and body in hand.

2. Each of the facts charged in the instant 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. Since an agreement was submitted on October 7, 2016, stating the victim’s intent not to be punished against the Defendant on the first day of trial of the instant case, the indictment in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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