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(영문) 광주지방법원 순천지원 2018.09.07 2018고단1201
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 16, 2016, the Defendant of the instant facts charged was sentenced to a suspended sentence of ten months of imprisonment with prison labor for injury, etc. at the Gwangju District Court, and the said judgment became final and conclusive on September 28, 2017, and is currently under suspended sentence.

A. On April 8, 2018, around 03:00, the Defendant assaulted once the Defendant’s upper part of the Victim E (V, 49 years old) on the ground that the Defendant did not interfere with the Victim E (V, 49 years old) as desired.

B. On April 8, 2018, the Defendant: (a) committed assault against the victim F (54 years), who is the owner of the business, on the following occasions: (b) on April 8, 2018, that service was not in mind against the victim F (54 years old); and (c) caused the victim’s loss to have his/her blick with his/her son’s blick in twice, and with his/her left hand.

2. The above facts charged constitute a crime under Article 260(1) of the Criminal Act. As such, a public prosecution cannot be instituted against the express intent of the victims pursuant to Article 260(3) of the same Act.

In such a case, the “written agreement and non-written application for punishment” that the victim E and the victim F did not want to be punished against the defendant was submitted to this court on August 6, 2018, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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