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(영문) 수원지방법원 2017.01.20 2016고단7052
폭행
Text

Each public prosecution against the Defendants is dismissed.

Reasons

Summary of Facts charged

1. On September 23, 2016, Defendant A’s assaulted the victim B (55 years old) who was frightened in drinking while drunkly drinking at around 02:50 on September 23, 2016, and was frightened on the victim’s face by drinking 2 times the victim’s arms without any reason, and then pushed the victim into the victim’s arms.

2. Defendant B’s assault committed an assault from the victim A (70 years) at the time and place mentioned in the preceding paragraph, and as seen above, Defendant 2 dumpeded the victim’s breath and dump over the floor, and divided the victim’s body into the victim’s chest and committed an assault against the victim.

The facts charged against the Defendants 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. According to the written agreement bound in the trial records, the victim B may be acknowledged as the defendant Eul around January 20, 2017, which was the date of institution of the prosecution of this case, and the victim A may have withdrawn his wish to punish the defendant Eul. Thus, the prosecution against the defendants is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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