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(영문) 의정부지방법원 2014.11.07 2014고단3042
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, within the “C” located in the Gu Government City B, has opened a cell phone to the victim D (the victim aged 22) who is an employee of the Gu Government.

On June 18, 2014, at around 15:30 on June 18, 2014, the Defendant fighted with each other in the process of complying with the fact that the victim D was at the time of opening the cell phone, different from the fact that the victim D told himself/herself.

The defendant did not participate in spawn in the horse fighting, and assaulted the victim D at one time with his hand.

2. The crime of assaulting on the market is a crime 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 of trial of this case, the facts can be acknowledged that the victim expressed his/her intention not to be punished against the defendant on July 31, 2014, which is after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6

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