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(영문) 부산지방법원 서부지원 2018.08.21 2018고단402

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged [criminal record] Defendant was sentenced to imprisonment with labor for a special injury, etc. at the Busan District Court on October 27, 2016 and completed the execution of the sentence at the Busan Detention House on June 1, 2017.

[2] On February 13, 2018, the Defendant: (a) 22:30 on February 13, 2018, at the C main point located in Busan Yong-gu B, without any reason, used a trial expense to the victim D (48 tax) without any reason; (b) when the victim resists, he/she drinking the victim, and assaulted him/her when he/she can blick the victim’

2. The above facts charged 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 statement in the criminal case agreement submitted by the defendant, the victim can recognize the facts that he/she has withdrawn his/her wish to punish the defendant after the prosecution. Thus, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.