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(영문) 대구지방법원 2014.04.17 2014고단1494

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On January 2, 2014, the Defendant, at around 21:00, assaulted the victim of the victim D (Nam, 23 years old), who walked at the front of the Cmate in Daegu Suwon-gu B, without any justifiable reason, on two occasions, with the development of the bridge of the victim D (Nam, 23 years old).

2. The facts charged in the instant case constitute a crime 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. According to the records, the facts can be acknowledged that the victim expressed his/her wish not to prosecute the Defendant around April 21, 2014, which was prior to the instant indictment (amended by April 21, 2014), prior to the instant indictment (amended by Act No. 13:30), and thus, the instant indictment constitutes a violation of the provisions of the Criminal Procedure Act and becomes null and void. Accordingly, the instant indictment is dismissed pursuant to Article 327 subparag. 2 of the Criminal Procedure Act.