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(영문) 광주지방법원 2019.02.26 2019고정117
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who intends to be hospitalized in the hospital B, and the victim C (the remaining and the age of 62) is the head of the counseling department of the hospital B in the Southern-gu, Gwangju.

On December 26, 2018, the Defendant made a call to the hospital where the victim works while under the influence of alcohol at a time, and asked the victim to be hospitalized, but on the same day, on the grounds that the victim's attitude does not appear, the Defendant was assaulted by finding the hospital counseling room where the victim works, and by drinking, once the left face of the victim.

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According to the records and arguments, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on February 22, 2019, which was after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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