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(영문) 대구지방법원 2020.09.16 2020고정616

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On December 13, 2019, at around 20:55, the Defendant: (a) expressed a defective desire to prevent the victim D (at the age of 74) from bringing about the abolition on the street in front of the main store C located in Daegu Northern-gu, Daegu Northern-gu; and (b) committed assault on the victim’s chest and chin on one occasion, depending on drinking, twice the victim’s chest and chin, respectively.

2. We examine the judgment. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant on September 14, 2020 after the prosecution was filed, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.