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(영문) 수원지방법원 2019.08.23 2019고정623
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 17, 2018, the Defendant: (a) around the first floor of the instant B building in Suwon-gu, Suwon-si; (b) around the first floor of the instant B building operated by the victim C (38 years old); (c) at the fourth floor D restaurant of the instant B building operated by the victim C (38 years old), the victim was exposed to the face of the victim due to the victim’s resistance against the Defendant, and assaulted the victim by taking care of the victim’s face by drinking.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the records, it is recognized that a petition of withdrawal of complaint containing the victim's intent not to punish the victim on August 12, 2019, which was after the prosecution of this case, was submitted to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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