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(영문) 의정부지방법원 2019.04.26 2019고단169

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On September 23, 2018, the Defendant: (a) around 16:50 on September 23, 2018, the summary of the facts charged: (b) around D convenience stores run by the victim C (the age of 25) of the Gu Government-si; and (c) on September 23, 2018, the Defendant abused the victim’s face twice in his/her hand on the ground that the Defendant was prone and threatened his/her customers at the convenience store.

2. The facts charged in the instant case are crimes 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 written withdrawal of the C’s written withdrawal of complaint filed in the trial record, the victim C can be acknowledged the facts that he/she expressed his/her intention not to be punished against the defendant on January 11, 2019, which is the date the instant prosecution was instituted. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.