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(영문) 창원지방법원 진주지원 2019.01.29 2018고단1270
상해
Text

The prosecution of this case is dismissed.

Reasons

On July 9, 2018, the defendant in the factory room, after drinking alcohol together with the victim C(37 years of age) at the house of a son located in Sacheon-si B around 18:10 on July 9, 2018, the defendant in the factory room used violence against the victim by setting up against the victim's knives against the victim one time in response to the knives of the victim three times.

However, this is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. According to the report attached to the agreement, it can be acknowledged that the victim explicitly expresses his/her intent not to punish the defendant around August 16, 2018, prior to the instant indictment. As such, the above indictment constitutes a case where the procedure for indictment is in violation of the provisions of the Act and becomes null and void, the indictment is dismissed under Article 327(2) of the Criminal Procedure Act. It is so decided as per Disposition.

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