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(영문) 대구지방법원서부지원 2020.09.17 2020고단1761
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On May 2019, the Defendant: (a) expressed in the Daegu Prison B located in the Daegu-gu Sincheon-gu, Daegu-gu, Seocheon-gu; (b) expressed that “The victim C (Nam, and 38 years of age) who was in confinement was salvable due to a cerebral disorder,” and expressed a bath that “the head is salvable; (c) the victim’s head is salvated; (d) the victim’s head is salvated; and (e) assaulted the victim on three to four occasions by the same method.

B. On May 1, 2019, the Defendant assaulted the victim’s ear and his son as soon as possible, and assaulted the victim three to four times by the same method around that time.

C. On May 2019, the Defendant used the victim to take the victim into a toilet at the same place, and assaulted the victim’s head by hand. D.

On May 1, 2019, the Defendant reported that the victim was seated with both sides of a bridge, and that he was able to bring the two fingers between ditches. The Defendant assaulted the victim’s two fingers by tearing the fingers of the knife in that place.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Article 327 subparagraph 6 of the Criminal Procedure Act (Article 320, Aug. 20, 2020, which was the date the public prosecution of this case was instituted).

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