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(영문) 수원지방법원 성남지원 2020.01.16 2019고단2658
폭행
Text

The prosecution of this case is dismissed.

Reasons

The defendant is the victim B (the 27 years of age, the 27 years of age and the son).

Around 00:25 on August 26, 2019, the Defendant was under the influence of alcohol in the ‘D convenience store located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu', Sungnam-gu, and was booming with the victim who is a guest.

Accordingly, the defendant is 1.5 liters and spreads to the victim's face.

Accordingly, the defendant assaulted 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, the record reveals that the instant prosecution was instituted on September 17, 2019 even though the written agreement prepared by the victim was submitted to the investigation agency on September 3, 2019.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of prosecution is invalid in violation of the provisions of law.

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