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(영문) 수원지방법원 성남지원 2013.08.23 2013고정1205

존속폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On November 30, 2012, the Defendant assaulted the Victim D (63 years old, female) who is a mother of the victim of the C building 601 dong 904, Sungnam-si, Sungnam-si, about 05:30 on November 30, 2012, on the ground that he/she had come home with his/her male father-gu and returned home late, and thus, he/she maintained the Victim D (63 years old, female).

2. The facts charged in the instant case are crimes falling under Article 260(2) and (1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the said victim expressed his/her wish not to punish the Defendant after the institution of the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.