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(영문) 춘천지방법원 강릉지원 2014.12.23 2014고단1038

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged reveals that the Defendant had been under the influence of alcohol prior to the date of committing the following crimes.

On October 10, 2014, at around 02:50, the Defendant used the victim B (the age of 43) who was under influence of alcohol entering the welfare center in the Gangseo-si Welfare Center of Gangseo-gu, Gangnam-gu, 12-14 (Seakdong), and was under influence of alcohol, and used the victim B (the age of 43) to walk back the victim's left side, arms, face, walk up the victim's head, knife the head by hand, and knife the head by hand.

2. The determination is a case that falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the intent expressed by the victim under Article 260(3) of the Criminal Act.

However, according to the agreement bound in the trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.