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(영문) 수원지방법원 2014.10.08 2014고단4482

폭행등

Text

The prosecution of this case is dismissed.

Reasons

Indictment

1. On July 31, 2014, the Defendant: (a) around 10:30 on July 31, 2014, at the home of the Defendant’s office located in the Gyeonggi-si, Gyeonggi-do, B lending 204, the Defendant’s wife requested divorce from the Defendant; (b) and (c) the Defendant’s wife “I would die well at the same end of his/her death,” along with a threat that “I will take a bath, and assault the victim’s eye twice with his/her hands.”

2. On August 7, 2014, at around 14:25, the Defendant: (a) sought the above victim C in E 3-story coffee “F” located in the sphere of the Gyeonggi-gu World War; (b) demanded the above victim C to make a written agreement on the assault case; and (c) the victim refused to comply therewith; and (d) threatened the victim in a manner of spreading, citing, citing, shaking, and threatening the victim as if he were aware of, and threatening the victim.

Judgment

Each of the above crimes is a crime falling under Articles 260(1) and 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Articles 260(3) and 283(3) of the Criminal Act. The facts that the victim expressed his/her intention not to be punished against the defendant on September 4, 2014, which is after the prosecution of this case was instituted, can be acknowledged. Thus, the indictment against the above facts charged is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.