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(영문) 부산지방법원 동부지원 2015.10.15 2014고정1437

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On May 28, 2014, the Defendant, while under the influence of alcohol around 01:40 on May 28, 2014, arrived at the C cab in front of the arms market located in the Young-gu, Busan, with the driving of the victim B (the age of 40) and arrived at the front of the e-mail located in Busan, the Busan, the Busan, the port of destination.

The Defendant, without paying the taxi expenses, said to the effect that “I would want to receive the taxi expenses, I would like to do so,” and said that “I would like to pay the taxi expenses to the Defendant.”

The Defendant committed an assault against the victim, such as taking the victim’s chest part on twice the head, taking two times the victim’s chest part, and taking a attitude as to drinking the victim, while intending to do so, such as “Chewing sark” to the victim.

2. The conclusion of the judgment is that a crime falling under Article 260(1) of the Criminal Act cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the records of trial, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on October 13, 2015, which was after the prosecution of this case was instituted.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.