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(영문) 창원지방법원 통영지원 2017.03.28 2017고단155

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is as follows: (a) the Defendant driving a BS halog, driving a halog, driving a national highway No. 14 in the direction of transit on the bomb; and (b) the victim C (55 years old) driving a Dststunta, driving the Dstuna, and proceeded ahead of the same direction as the Defendant.

On December 7, 2016, at the entrance of the F Rest E around 15:30 on December 15:30, 2016, the Defendant was unable to stop the victim's vehicle by changing the victim's way from the first lane to the second lane without manipulating the direction, etc. while driving ahead of it.

Since then, the Defendant deemed the victim’s breath, and committed assault by the victim, such as destroying the victim’s face with the subsequent hand.

2. We examine the judgment. The case is a crime 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 records, it is recognized that on January 13, 2017, after the indictment of this case was instituted, a written agreement was submitted to withdraw the victim's wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.