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(영문) 울산지방법원 2013.05.20 2013고단444

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On September 1, 2012, the Defendant: (a) around 17:15, on September 1, 2012, the Defendant: (b) reported that the victim D (55 years of age) drinks his/her daily and drinking alcohol at the Ulsan-gu C cafeteria; and (c) committed assault on the victim’s head on one occasion by gathering beer disease on the part of his/her table without good cause.

2. Determination of the facts charged can only be made within the scope of indictment under Article 260(1) of the Criminal Act. It is a crime falling under Article 260(3) of the Criminal Act, which is a crime of non-prosecution. Since the victim already expressed his/her intent not to be punished on September 5, 2012, which was prior to the instant indictment, around September 5, 2012, the victim expressed his/her intention not to be punished (see e.g., Nos. 6 referred to as “Agreement”)

It is so decided as per Disposition for the above reasons.