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(영문) 수원지방법원 안양지원 2020.05.13 2019고정749
폭행등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The facts charged in this case

A. On April 13, 2019, around 06:45, the Defendant assaulted the victim as the victim’s back-to-date, in the ward 12-dong, 12 in the Seoul detention center, which was located in 06:45, 143, and in the ward 12-dong, 12 in the Seoul detention center, and in the victim C (the victim C).

B. At around 07:20 on the same day, the Defendant: (a) told the victim, who was aware of a dispute arising from D and Adining problems; (b) told, “I am hyke, hyke,” thereby insulting the victim among other visitors; and (c) assaulted the victim by drinking the victim’s back as if the victim’s back was found one time.

2. Determination

(a) Each assault: 1) A crime of non-violation of intention: Article 260(1) and (3)2 of the Criminal Act; 3) a judgment dismissing public prosecution that submits an application for non-prosecution of punishment that the victim does not want the punishment of the defendant after the prosecution is instituted: Article 327 subparag. 6 of the Criminal Procedure Act

(b) An offense subject to prosecution subject to prosecution: Article 311 and Article 312(1)2 of the Criminal Act (see Article 312(1)2 of the Criminal Act). The judgment dismissing the prosecution 3rd to the effect that the victim does not want the punishment of the defendant after the prosecution: Subparagraph 5 of Article 327

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