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(영문) 대구지방법원 영덕지원 2018.11.21 2018고단203
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person operating a gymnasium in the name of “E” on the third floor of the D building in the Gyeongjin-gun, Ulsan-gun, and that is between the victim F (n, 43 years old) and the victim F (n, 43 years old).

On August 17, 2018, at around 14:50, the Defendant assaulted the victim at one time on the right hand, on the ground that the victim, who was the victim of the money to be received from the Defendant, was “a request to use a letter of loan from the party,” and caused disturbance.

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

According to the written agreement prepared by the victim bound in the public trial records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after requesting a summary order. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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