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(영문) 광주지방법원 2014.11.11 2014고정1357
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 1, 2014, at around 22:25, the Defendant assaulted the victim C’s 2-3 times of 2-3 times of drinking her head, and 2-3 times of drinking her head, on the ground that her wife and her wife were frighted while she had frightd with her wife in front of the main office of the 365 Joseon Dynasty Hospital, in the street of the 365 Shipbuilding Hospital.

2. The judgment of the court below is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the Criminal Act. According to the records, it is obvious that the victim appeared as a witness on October 28, 2014, which was after the institution of the prosecution of this case, and expressed his/her wish not to punish the defendant. Accordingly, the above facts charged constitute a case where the victim expressed his/her wish not to prosecute against the victim's explicit intent, and thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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