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(영문) 대전지방법원 2017.11.17 2017고단3971
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was a person with no certain occupation and has a pre-related relationship with the victim B (W. 19 years old).

A. On August 13, 2017, the Defendant is making a telephone call with the mother of the victim other than the instant case to enable the victim to return home under the influence of alcohol on the street of the Korean University, Chungcheongnam-gu, Daejeon, Daejeon, Daejeon, the Defendant did not make the victim “...”

The mother and the mother used for interfering with telephone communications, such as "a voice and sound, has left the mother and her walked with his/her hand and turn on.

B. On the same day as above “A” and around 05:00, the Defendant: (a) was placed in the D’, which is one of its own vehicles built in front of the 3 complex of the Daejeon Dong-gu Daejeon apartment complex; (b) the head was 1 time at the hand floor on the ground that the victim was not lowered; and (c) the scood in the face of the scood.

(c)

On the same day as above 08:00 on the street in front of the Daejeon Dong-gu Daejeon apartment house 303 Dong-gu, Daejeon, the defendant is required to return the mother and child and the victim of the land was collected on the vehicle.

” 고 항의하였다는 이유로 발로 피해자의 우측 허벅지를 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

2. The instant facts charged constitute Article 260(1) of the Criminal Act, and thus, the prosecution cannot be instituted against the express intent of the suspect pursuant to Article 260(3) of the same Act. On September 29, 2017, after the instant indictment, the victim’s dismissal of public prosecution by submitting a written agreement containing his/her intention not to punish the Defendant: Article 327 subparag. 6 of the Criminal Procedure Act.

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