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(영문) 수원지방법원 여주지원 2019.06.05 2019고단407
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who was part-time at the C convenience store located in B at the time of leisure.

At around 08:58 on March 28, 2019, the Defendant: (a) laid the victim D (Inn, 19 years of age), the victim E (inn, 19 years of age) and the victim E (inn, 19 years of age); (b) laid down the part of the victim D’s body part; (c) laid down the victim D’s arms outside of the defect calculating unit in order to make a 112 report on a mobile phone; (d) laid off the victim D’s cell phone; (d) laid off the victim’s arms; and (e) laid off the victim E, who continued to make a 112 report on a mobile phone; and (e) laid off the cell phone and took the cell phone; (e) kept the victim E’s face sealed by hand; and (e) sustained the victim E’s face by hand.

Accordingly, the defendant assaulted victims.

2. Determination and conclusion of the facts charged in this case constitute a crime of assault under Article 260(1) of the Criminal Act, and the above crime is an offense not prosecuted against the victim’s express intent under Article 260(3) of the same Act.

However, according to the records of this case, victim D and E expressed their intention not to be punished against the defendant on May 2, 2019, respectively.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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