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(영문) 전주지방법원 2016.08.10 2016고단639

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On April 6, 2016, at around 18:40, the Defendant: (a) requested the victim E (52) who is the head of the hospital (52 years old) to purchase rice from the D Jeongdong-gu D Jongdong-gu, Seoul; (b) the victim refused to purchase rice and demanded the Defendant to leave the hospital at the hospital; and (c) reported 112.

The Defendant stated that the victim’s 112 report was defective and that “the victim was erroneous,” and that “the victim was wrong,” the Defendant left the victim’s left part twice by hand.

Accordingly, the defendant assaulted the victim.

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. According to the records, the written agreement stating the victim’s expression of intent not to be punished after the instant indictment was submitted, and it is apparent that the victim has withdrawn his wish to punish the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.