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(영문) 대전지방법원 2018.10.05 2018고정854

폭행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the vice-chairperson of the Seo-gu Incheon Metropolitan Government Senior Complex C, and the victim D (V, 69 years old) is a senior citizens' member.

On February 24, 2018, the Defendant: (a) committed assault against the victim on the ground that: (b) in the Seo-gu Seo-gu Seoul Apartment Park, Seo-gu, Daejeon, Daejeon, a month only one month after having joined the elderly household; (c) on the ground that the said victim was changed in the books of account in 2017 for the elderly household; (d) and (e) was living together with the victim, and (e) was in a verbal dispute with the victim, thereby harming the victim on the floor

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According to the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 4, 2018, which is after the institution of public prosecution.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.