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(영문) 부산지방법원 동부지원 2013.03.07 2012고정1683

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. On February 19, 2012, around 13:45, the Defendant committed assault against the victim, on the ground that the victim C (the 43-year-old) in Busan Shipping Daegu B (the 104-dong 801-dong 101, the residence of the victim C (the 43-year-old), would promptly pay the victim money for the transfer of the defendant, and that the victim would be able to pay the victim money promptly. The Defendant’s face was 10 times at the Defendant’s hand and 10 times at the victim’s hand, and the victim’s face was fluened by his hand, and the victim’s neck was fluened.

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 the victim expressed his/her intention not to prosecute the Defendant on March 7, 2013, which was after the instant indictment was instituted, the public prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.