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(영문) 의정부지방법원 2020.08.14 2020고단1042
폭행
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On September 2, 2019, at around 21:00, Defendant A reported to 112 that the victim B (here, 24 years of age) did not take a bath to the return dog on the kncheon Dok-ro, Seoyang-si, Namyang-si. Defendant assaulted the victim at one time at the Defendant’s left hand to prevent the victim from leaving the scene.

B. Defendant B, as stated in the date, time, place, etc. mentioned in paragraph (a), committed assault against the victim A by putting the victim’s chest part on one time against the victim’s right bucks, putting the victim’s chest part on a drinking, putting the victim’s left hand on a drinking, and putting the left part on the left part.

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

According to the protocol of trial, the victims expressed their intention not to be punished against the Defendants on July 7, 2020 after the prosecution of this case was instituted.

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

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