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(영문) 서울남부지방법원 2020.02.07 2019고단6434
폭행
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

Around 07:00 on September 2, 2018, the Defendant 2019No. 6434 assaulted the victim at the entrance of the second floor C2nd floor in Gangseo-gu Seoul Metropolitan Government, by making an illegal worship, such as the victim D (n, 65 years of age) E, the opposite party E, and the Defendant, etc., who is the opposite party, made verbal abuse, by using a mobile phone to take a photograph of the victim’s verbal abuse.

B. The Defendant, as a member of the Gangseo-gu Seoul Metropolitan Government “C”, is a member of the “C” grouped in Gangseo-gu, Gangseo-gu, Seoul, supporting E pastors who are dissatisfied with the status of the F (63 years of age), the victim F (44 years of age), the victim G (4 years of age), and the victim H (63 years of age) is a member of the “C Emergency Countermeasures Committee” (hereinafter “C Emergency Countermeasures Committee”).

At around 13:00 on October 7, 2018, the Defendant: (a) obstructed the entry of the victims into this Party at the entrance of the forecast distribution for the Gangseo-gu Seoul Metropolitan Government and C, thereby preventing the victims from towing vessels; (b) assaulted the victims’ arms and parts of the accelerators knife, etc. one to two times.

2. Each of the facts charged in the instant case is a crime 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.

The record reveals that the victim D, F, G, and H expressed their wish not to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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