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(영문) 수원지방법원 2016.09.08 2016고단4404
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Sung-nam Branch of Suwon District Court on October 24, 2014; and (b) on May 28, 2015, the Defendant and the victim B (the age of 38) are in the relationship of neighbors residing in Suwon-si C when the judgment became final and conclusive on May 28, 2015.

On July 13, 2016, at around 00:0, the Defendant assaulted the victim by spiting the victim's face one time, while doing any dispute over the victim's face with a view to parking in stairs between the fourth and the fifth floor.

2. Determination

(a) Crimes of non-compliance with an intention: Article 260 (3) of the Criminal Act;

B. Withdrawal of the victim’s wish to punish the victim on September 2, 2016, which was subsequent to the institution of public prosecution

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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