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(영문) 수원지방법원성남지원 2020.09.08 2020고정542
폭행
Text

The prosecution of this case is dismissed.

Reasons

Indictment

A. On February 28, 2020, the Defendant, on February 28, 2020, committed assault around 20:45, on February 28, 2020, the Defendant was getting aboard the elevator of the subcommittee-gu B apartment C, Sungnam-si for separate collection on February 28, 2020, D (n, 65 years of age) was on board the elevator.

이때 피해자가 피고인에게 반상회 때 자신을 지목하며 새벽에 쿵쿵거리며 층간소음을 냈다고 한 말에 대해 따져 이로 인해 피해자와 말다툼이 있었다.

When the defendant was engaged in separate collection at the above Cdong separate collection place at around 21:00, the victim continued to follow Cdong's stairs on Cdong 1st floor entrance, and assaulted the victim who was an empty son.

B. On February 28, 2020, at around 21:10 on the same day, the Defendant: (a) completed separate collection at around 21:10 on the same day; (b) obstructed the body of the victim by his hand to prevent any defects that the victim would have to get out of the elevator after boarding the elevator on the first floor of Cdong 1; and (c) assaulted the victim by force.

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 clearly expressed will of the victim under Article 260(3) of the same Act.

On August 19, 2020, after the prosecution of this case, the victim expressed his intention that he does not want to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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