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(영문) 수원지방법원 안양지원 2014.04.02 2014고단153
폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Public prosecution;

A. At around 19:00 on March 15, 2013, the Defendant of assault and assaulted the victim C, in front of the Gu building, on the ground that the victim C asked the Defendant to obtain approval on the party allotment table at which C discountedd the Defendant, and the Defendant was taking meals at the restaurant on the 1st floor of the building in front of the building, that he was the Defendant who was taking meals at the restaurant of the 1st floor of the building in front of the building. The Defendant used the victim’s left hand at three times, namely, “I am dlele, and I am son.”

B. The Defendant continues to make intimidation.

In the vicinity of the same time and place, 20 centimeters in diameter, 50 centimeters in height, 4 kilograms in weight, and in order to get the head of the victim and the victim's head were threatened.

2. Of the facts charged in the instant case, the charge of assaulting is a crime falling under Article 260(1) of the Criminal Act, and the charge of intimidation is a crime falling under Article 293(1) of the Criminal Act, and the charge of intimidation cannot be prosecuted against the victim’s express intent under Articles 260(3) and 293(3) of the Criminal Act.

However, on December 10, 2013, after the indictment of this case was instituted, a letter of revocation of complaint stating that "the injured party withdraws the complaint against the accused and does not want the punishment of the accused" was submitted to this court. Since the declaration of wish to punish has been withdrawn, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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