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(영문) 광주지방법원 목포지원 2016.06.14 2016고단491

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was a person who operated the main points C in Hepoposi B, and the victim D (V, 19 years old) was an employee at the above main points, and the victim was a person who was an employee, and the victim was liable to pay in advance the amount of KRW 15,000,000 to the Defendant.

On March 29, 2016, around 23:10, the Defendant waiting for the victim in the “Ftel” parking lot, which is a residence of the victim in Ftel E. However, the victim demanded the victim to repay his/her obligations, but the victim neglected and left his/her match, and assaulted the victim once he/she drinking the victim’s back water, and twice he/she drinking the victim’s boom.

2. The crime described in the above facts charged is a crime 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 written agreement bound in the records of the public trial, the victim can be acknowledged as the fact that he/she withdraws his/her wish to punish the defendant on May 8, 2016, which is after the prosecution of the case. Thus, the prosecution of the case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.