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(영문) 창원지방법원 2019.07.19 2019고단1200
폭행
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. On March 30, 2019, Defendant A assaulted the victim on the following grounds: (a) around 00:45, Defendant A pointed out that “D” (the victim E (the age of 19) was smoking tobacco from the front stairs of “D” in Kimhae-do C2; (b) due to a dispute over the victim’s breath, Defendant A attempted to bread the victim’s breath, leading the victim into the third floor through stairs.

Defendant

B around 00:50 on March 30, 2019, at the top of the “F” store located on the first floor of a building, such as the foregoing paragraph 1, the victim E (19 years of age) reported the form of dispute with Defendant A after the occurrence of the situation as described in the foregoing paragraph 1, and assaulted the victim’s right eye by knife with his hand, with his hand at one time the left head part of the victim’s left head.

2. The facts charged against the Defendants constitute a case in which all the charges against the victim cannot be prosecuted against the victim’s clearly expressed intent. Since the victim expressed his/her intent not to prosecute the Defendants on May 1, 2019, the prosecution against the Defendants is dismissed in entirety in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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