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(영문) 부산지방법원 2017.12.21 2016고정3715

폭행

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The prosecution of this case is dismissed.

Reasons

Some of the facts charged were corrected.

Around 02:00 on March 20, 2016, the Defendant assaulted the victim's back head at one time on the part of the victim's second head on the ground that the victim's additional drinking is "the victim is a customer of the weather year," on the ground that "the victim's additional drinking is "the defendant is a customer of the weather year," who is aware that he would be drinking without any money," the defendant will be able to me, and the victim will be able to leave the restaurant at the restaurant, and the victim's back head was able to do so at one time.

Judgment

The facts charged in the instant case fall under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim pursuant to Article 260(3) of the Criminal Act.

The record reveals that on August 17, 2017, after June 2, 2016, the public prosecution of this case was instituted, the victim did not want to be punished by the defendant by attending this court as a witness.

Facts of testimony are recognized.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.