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(영문) 수원지방법원 성남지원 2019.03.26 2019고단141
폭행
Text

The prosecution of this case is dismissed.

Reasons

On December 21, 2018, at around 20:40, the Defendant: (a) expressed a desire to d'(19 years of age) to the victim D (19 years of age) who was smoking tobacco; (b) however, it would be time for the victim to turn out tobacco while moving to the job; and (c) assaulted the victim with her body, knee, knee, knee, with 2 to knife.

Judgment

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

However, according to the records, it is recognized that a written agreement (written application for non-prosecution of punishment) in the name of the victim that the defendant does not want to be punished on January 18, 2019, which was after January 14, 2019, was submitted to this court.

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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