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(영문) 수원지방법원 안산지원 2016.03.30 2016고정57
폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the customer, the victim C is the victim, and the person who has knowledge.

A. On October 14, 2015, the Defendant, who was assaulted, called “D” on October 14, 2015, located on the first floor of the building underground of the Dong-gu Ma-gu, Ansan-si, Yasan-si, Annsan-si, Annsan-si, but refused to do so.

At this time, the Defendant: “A string off the door”; “A string off the bring of the brings in the table, broken the brings on the floor, and assaulted the brings of the female with the right hand(s) by force twice.

B. Around October 14, 2015, the Defendant insultingd the victim by openly insulting the victim on the ground that he reported himself to the police at the place described in the foregoing paragraph (a) despite having reported himself to the police at around 20:30 on October 14, 2015.

2. We examine the judgment. The above mentioned in Paragraph (a) acts are crimes 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. The above mentioned acts constitute crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 312 (1) of the Criminal Act. According to the written agreement bound in the records, the victim's complaint against the defendant on March 9, 2016 after the prosecution of this case was instituted, and it is obvious that the victim revoked the defendant's complaint and withdraws his previous wish to punish. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 (5) and 6 of the Criminal Procedure Act.

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