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(영문) 대구지방법원 2015.10.23 2015고정1480
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 17, 2014, the Defendant, around 11:17, committed assaulting the victim’s face at one time on the floor of hand on the following grounds: (a) on the front way in the Dart located in Daegu Dong-gu, Daegu-gu, Daegu-gu, on the grounds that the Defendant was insulting in the bus operated by the victim E (the victim E-2 years of age) prior to the day on the ground that he was insulting in the process of the victim’s control.

2. The facts charged in the instant case are those 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.

However, according to a written application for non-prosecution of punishment, the victim may recognize the fact that he/she expressed his/her wish not to punish the defendant on September 15, 2015, which was after the prosecution of this case was instituted.

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

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