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(영문) 의정부지방법원 2016.05.02 2016고단986

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On January 5, 2016, the summary of the facts charged: (a) the Defendant sent to the DPC room operated by the victim C (the South and the North 46 years old), which was in the Do Government-si around 20:20 on January 5, 2016; (b) the Defendant was under the influence of alcohol, thereby refusing to use the PC on the ground that the Defendant interfered with his/her abusive and sexual intercourse, thereby committing assaulting the victim’s chest by hand; and (c) the victim was found to have filed a report on the said facts in 112.

Accordingly, the defendant found in the above DPC room around 22:09 on the same day, and "whether or not the defendant has reported to this effect";

The victim abusedd the victim at one time on the inside of his/her head by "to throw away his/her death."

2. The facts charged in the instant case are the crimes 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 statement of "agreement" bound in the public trial records, since it is recognized that the victim expressed his/her intention not to punish the defendant on January 26, 2016, which was after the public prosecution of this case was instituted, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.