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(영문) 대구지방법원 김천지원 2013.12.05 2013고단991

폭행

Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

Summary of Facts charged

1. Defendant A: (a) around November 13, 2012, the Defendant: (b) took fins used by the Victim B (F 48 years of age) in the company’s room located in Gumi-si E in Gumi-si; and (c) took fins used in the company; and (d) took a bath, Defendant A took the bins used in the company; (c)

Accordingly, the defendant assaulted the victim.

2. Defendant B, at the date, time, and place under Paragraph (1) of this Article, had the victim A (here, 48 years of age) knife himself, knife him, and knife him against him, and entered the victim’s arms in favor of him, and knife him.

Accordingly, the defendant assaulted the victim.

Judgment

Each of the facts charged in the instant case is a crime 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 same Act. The Defendants may recognize the fact that they have withdrawn their wish to punish the other party on December 5, 2013, which is the third trial date after the institution of the instant prosecution. Thus, all of the facts charged in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.