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(영문) 의정부지방법원 고양지원 2019.07.26 2019고단1827
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant and the Victim B (Nam, 70 years old) in the facts charged are the relationship with no mutual amnesty.

On April 28, 2019, the Defendant: (a) committed assault by breaking the victim in a 'D' singing room No. 5 in Mangsan-gu, Mangsan-si, Goyang-si, without any reason, with the victim’s hand, and plucking, plucking and subdividing the arms on the part of the victim, which he was under the influence of alcohol.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since a written application for non-prosecution to punish the defendant was submitted on June 12, 2019, the prosecution of the instant facts charged is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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