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(영문) 제주지방법원 2017.10.25 2017고정327

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On October 28, 2016, the Defendant: (a) committed assault on the victim’s shoulder part by having the victim run “E” in the victim D (67 aged) located in Jeju Island around 19:00; and (b) having the victim run the Defendant’s left shoulder and chrokes one time in his/her hand, and having the victim run the Defendant’s shoulder part in his/her hand.

2. The above facts charged are the crimes 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According to the records, the victim D could recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 25, 2017, which was after the institution of the instant indictment, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.