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(영문) 수원지방법원 2019.06.13 2019고정203
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 01:00 on October 10, 2018, the Defendant sought to offer alcohol to the victim D, who is the owner of the business after drinking alcohol in Suwon-si B building and 15th floor “C” and sought to leave the business place.

Therefore, when the victim prevents the defendant from holding, the defendant committed violence to the victim's right hand with the victim's fright hand.

2. The facts charged in the instant case are those 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.

However, according to the court's written application for non-prosecution of punishment submitted on May 23, 2019, it is recognized that the victim expressed his/her wish not to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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