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(영문) 대구지방법원 2016.05.04 2015고정2256

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On September 24, 2014, around 17:30 on September 24, 2014, the Defendant: (a) while drinking alcohol at a 1st floor E restaurant under the ground of D department stores D in Daegu-gu, Daegu-gu, the Defendant expressed the victim F, who was on other table, that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the victim’s head debt.

After continuing to go beyond the floor of the victim, the defendant gets the head of the victim's head by hand, faced with the victim's head 3 times on the floor, and assaulted the victim's side gate by walking up one time.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

In this regard, the victim F is present as a witness on April 20, 2016 at the fourth trial date after the prosecution of this case was instituted, and the victim F is aware of the fact that he/she expressed his/her intention not to be punished.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.