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(영문) 수원지방법원 성남지원 2013.07.03 2013고정904

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On December 25, 2011, the Defendant: (a) around 01:10 on the street in front of Sungnam-gu, Seongbuk-gu, Sungnam-gu, by reporting that the victim D(27 years of age) is operating a high-class external motor vehicle; and (b) when the victim gets off from the vehicle, the Defendant assaulted the victim on his/her own floor to walk the buck with the victim’s buck, face, head, etc. at a time beyond the view of making it possible for him/her to walk.

2. The facts charged of the instant case 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. Since the victim expressed his/her wish not to punish the Defendant after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.