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(영문) 인천지방법원 2019.03.22 2019고정213
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant: (a) around 01:00 on September 15, 2018, at the “C” parking lot located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (b) considered that the victim D (the son) who is the her husband was seated in a car driving seat; (c) took the window on the side of the car driving seat in his hand, and sound the son’s door in order to remove the Defendant’s hand; and (d) assault the victim when the victim’s face was able to be able to take three times the son’s hand.

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.

However, according to the statement of withdrawal of a complaint prepared by the victim and submitted to this court, the victim may recognize the fact that he/she withdraws his/her wish to punish the defendant on March 7, 2019, which was after the indictment 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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