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(영문) 의정부지방법원 2015.03.09 2014고단4184

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On September 21, 2014, the Defendant: (a) around September 21, 2014, the Defendant: (b) reported that he was talking between B and C from the right stairs of the entrance of the Macheon-si, 87 Macheon-ro, Macheon-ro, Macheon-ro, the lower court committed assault on the victim’s chest part once due to the sudden weather.

2. The facts charged in the instant case constitute 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 Criminal Act. According to the records, the facts can be acknowledged that the victim expressed his/her intent not to prosecute the Defendant on September 27, 2014, which was prior to the institution of the instant indictment. Thus, the instant public prosecution constitutes a case where the procedure of prosecution is in violation of the provisions of law and becomes null and void, and thus, the instant public prosecution is dismissed in accordance with Article