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(영문) 부산지방법원 2018.03.15 2017고단6213

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. Defendant A ( South, 58 years old) is a company member, Defendant B ( South, 58 years old) is a substitute driver.

A. On April 12, 2017, Defendant A, at around 22:10 on the street in front of the E cafeteria located in Busan Eastdong-gu, Busan, Defendant A, on the ground that the victim B, who represented the E cafeteria located in D in the front of the city of Hoho-dong LG Meart, demands the victim B to the E cafeteria located in D (F) in his/her own vehicle (hereinafter referred to as the “F”) on behalf of his/her own vehicle (hereinafter referred to as his/her agent) on the ground that the victim B demands the other preserving balance in his/her own vehicle from his/her own vehicle in front of the city of Ho-dong,

B. Defendant B, at the time and place set forth in the above “A” above, assaulted the victim A’s breath by setting up against the victim A’s assault.

2. The above facts charged are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

In this regard, the defendant B and the victim of the above 1-A expressed his intention not to be punished for the other party through the agreement withdrawn on September 14, 2017 after the filing of the instant case by the defendant A as the victim of the above 1-A and the victim of the above 1-B

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.