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(영문) 창원지방법원 2019.02.15 2018고정681
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of this case, around September 12:20, 2018, the Defendant assaulted the victim when the victim D (Nam, 23 years of age) who is the security personnel of the above hospital (Nam, 23 years of age) was able to control his/her face and clothes seven times due to his/her fingers on the ground that the Defendant attempted to remove the nurse from the nurse at the C Hospital emergency room located in the window B of Changwon-si, Changwon-si, and that he/she was unable to know the name of the nurse who was receiving treatment by putting his/her hair and her hairs together with his/her hairs.

2. The facts charged in the instant case are those 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.

However, according to the records, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on January 18, 2019, which was after the prosecution of this case.

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

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