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(영문) 대전지방법원 2018.12.21 2018고정638

폭행

Text

The prosecution of this case is dismissed.

Reasons

On March 28, 2018, the defendant caused a contact accident with the vehicle driven by the victim C(48 tax) who was in the course of driving the vehicle in the second floor parking lot of the Jung-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) of the 786 Private School Pension Center at the 2nd floor.

Accordingly, the injured person was able to take a bath in response to the defect in the vehicle while getting off the vehicle and taking a bath, and assaulted the victim's part of his/her bath in his/her hand during his/her vision.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 22, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.