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(영문) 울산지방법원 2019.09.19 2019고단1730
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 26, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on March 26, 2015 and completed the execution of the sentence in the Seoul Southern Prison on October 20, 2016.

On March 8, 2019, at the main point of "C" located in Ulsan-gu B on March 23:30, 2019, the Defendant: (a) expressed that the victim D (the age of 45) who was singing an employee, singing the face of the victim; (b) singing the victim’s face on the floor; and (c) sing the victim D (the age of 45) who sing the victim’s face to the employee; and (d) sing the victim D’s face to the employee; and (b) sing the victim D’s face when the victim D’s face was 5 years old, the victim’s face was 49 years old; and (c) the victim D’s face was 5 years old, the victim’s face was 5 years old.

Accordingly, the defendant assaulted victims respectively.

2. The facts charged in the instant case are crimes 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 the victims submitted a written agreement and a written withdrawal of complaint on August 22, 2019 after the institution of the instant indictment and expressed their intent not to prosecute the Defendant, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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