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(영문) 수원지방법원 성남지원 2020.05.28 2020고정249
폭행
Text

The prosecution of this case is dismissed.

Reasons

The defendant and the victim in the facts charged are married couple.

Around 19:20 on December 7, 2019, the Defendant committed assault, such as the Defendant, at the time of having a dispute with the victim in the So-gu So-dong B Apartment-gu, Sungnam-si, Sungnam-si, the Defendant her head c, and the boomed the body c in favor of the victim.

Judgment

The facts charged in the instant case fall under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the records, it is recognized that the agreement that the prosecution of this case was instituted after December 23, 2019, and that the defendant does not want to be punished by the victim D, and that the non-application for punishment was submitted to this court on May 27, 2020.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.

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