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(영문) 수원지방법원 2018.10.19 2018고정140
폭행등
Text

Of the facts charged in the instant case, the charge of assaulting is acquitted. Of the facts charged in the instant case, the prosecution is instituted.

Reasons

1. On October 26, 2017, the Defendant: (a) around 13:13, the Defendant: (b) laid down the victim C (the 39-year-old age) working at a cosmetic teaching institute managed by the Defendant at the parking lot of the building B in Suwon-gu, Suwon-si; (c) and (d) on the ground that the injured party was exposed to a mobile phone taking a cell phone on the grounds that he was exposed to the fact that he was exposed to a monthly pay-paid problem, etc., the Defendant was able to cut off the victim’s arms on 1:2 occasions; and (d) in the process, she was able to damage the victim’s arms on the floor by cutting the victim’s cell phone at the gallon

Accordingly, the defendant assaulted the victim and damaged the victim's property.

2. Determination and conclusion

A. Article 260(3) and 260(1)2 of the Criminal Act provides that the injured person after the prosecution of the instant case does not wish to punish the accused (Article 327 subparag. 6 of the Criminal Procedure Act). A judgment dismissing a public prosecution on June 5, 2018: Article 327 subparag. 6 of the Criminal Procedure Act

B. The following circumstances acknowledged by each evidence duly adopted and examined by the court of not guilty portion (the point of damage to property), namely, ① the victim saw a mobile phone and tried to photograph the defendant, and the defendant did not photograph the victim.

However, the victim made a statement to the effect that the victim continued to use a mobile phone with the defendant as a recording, ② the victim who is going beyond the defendant's cell phone has lost his hand in order to keep the victim's cell phone back, and the victim's cell phone that was used by the victim in his hand left the floor and partly damaged the back of the cell phone. ③ The victim made a statement to the effect that "the victim damaged the cell phone with the defendant's hand knife" in the police, but in this court, it was difficult for the defendant to face a little number of cases under the situation that "the defendant tried to take the cell phone in order to cut off the cell phone and not to cut off the cell phone, but how the cell phone fell."

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