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(영문) 의정부지방법원 2015.08.26 2015고단1701
폭행
Text

The prosecution of this case is dismissed.

Reasons

On April 1, 2015, at around 20:30, the Defendant: (a) taken a cell phone of the victim D and the victim E, without any reason, in front of the “C” located in the Gui-si B, on the b0th day of Apr. 1, 2015; (b) taken the victim’s tobacco smoking; (c) took the victim’s “drawing” as “this wh and ring; and (d) took the victim’s desire to enter the restaurant operated by the victim F.

The defendant, in the above restaurant, keeped the victim's head debt with his hand, skes his head debt with his cell phone with his cell phone, and continued his head E and the victim F with his cell phone.

Accordingly, the defendant assaulted victims respectively.

Judgment

In light of the records of the instant case, the victims may be found to have expressed their wish not to punish the Defendant on August 17, 2015, which was after the prosecution of the instant case. Thus, the instant prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it 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.

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