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(영문) 청주지방법원 제천지원 2019.09.19 2019고단164
폭행
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. On March 31, 2019, the Defendant: (a) 20:30 on March 31, 2019, at the bus stops located in the G Yangyang-gun B, was booming the head debt of the victim D (the age of 16) who was under the influence of alcohol and waiting for a bus without any special reason; and (b) committed assault by the victim E (the age of 16), the victim F (the age of 16), and the victim G (the age of 16).

B. Around 20:45 on March 31, 2019, the Defendant: (a) committed assault by the victim D on his/her hand at the G district unit of the Ganyang Police Station, which was investigated with the victims on the facts of the assault; (b) the victim D’s statement on the facts of the assault was defective; and (c) the victim D’s statement on the facts of the assault was sounded with the victims; and (d) the victim’s back water part was assaulted at one time.

2. Each of the facts charged in the instant case is an offense 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.

After the institution of the instant prosecution, the legal representatives of the victims, who are minors, submitted each written agreement containing their intent to “not want to be punished against the accused” to the court.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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