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(영문) 인천지방법원 2013.09.13 2013고정2468

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant: (a) around 01:00 on June 27, 2013, the facts charged in the instant case: (b) up to 101 of the Bupyeong-gu Incheon Metropolitan Government Bupyeong-gu building C, Bupyeong-gu, Incheon; (c) on the ground that the victim D (year 41, female) in a divorce lawsuit did not go to move to his house on his own; and (d) committed assault on the victim’s head.

2. The facts charged in the instant case 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. According to the written agreement, it is apparent that the victim D withdraws his/her wish to punish the Defendant on September 2, 2013, which was after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.