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(영문) 수원지방법원 성남지원 2016.09.22 2016고단277
존속폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Defendants A and C in the facts charged against Defendant A are married couple, and currently pending in divorce proceedings, the victim D is the mother of Defendant A, and the victim E is the father of Defendant C.

Defendant

A around July 21, 2015, around July 21, 2015, concluded a dispute with Defendant C and decided to divorce with her female, and, at the same time, her mother, arbitrarily took her child-care center F, and her mother took her part in the studio in G in the Gyeonggi-si.

Defendant

C around July 25, 2015, at around 07:20, the parent-child E and H, and around JJ, located in Gyeonggi-si, G, Gwangju-si. A, the victim D (V, 55 years of age) who is his spouse, became aware of F, his own spouse, and committed assault, such as: (a) the victim Dac, the victim's body, the victim's body, and the victim's above F, and (b) the victim got off the ground body, and (c) the victim was deprived of the above F, which was inside.

Therefore, the damage caused the defect that the victim intends to drive away from the defendant, the above H puts the body of the victim by hand, and assaulted the victim by plucking, plucking, etc.

Defendant

A, at the above date, at the above time and at the above place, the victim C (the age of 25) and his mother, as seen above, are fighting a body, and they assaulted by the victim by carrying the back and head of the female by hand, by pushing the victim's body, and by pushing the victim's lineal ascendant and descendant E (the age of 53) and the body fighting with the victim's face two times.

2. In light of the judgment, the instant crime falls under Article 260(1) and (2) of the Criminal Act, and thus, cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. Since each victim, after the instant indictment, can be recognized as having withdrawn his/her wish to punish the Defendant A, the Criminal Procedure Act is applicable.

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