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(영문) 대전지방법원 2016.01.08 2015고정1491
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 31, 2015, the Defendant: (a) around 2:00, the victim D(34 tax) residing in Daejeon Seodong-gu, and (b) the victim, the victim, the Defendant, and the victim’s wife F, who drinks alcohol together within the ward 602, E apartment building 602 where the victim D(34 tax) resides, and the victim said the Defendant “A weather is no longer than us you go to go to go to the Defendant,” and the victim’s wife f, who fighted on their body on the ground that “A weather is no longer bad.”

Nevertheless, the Defendant, by hand, quizzed with the victim's quizzle, was spabling with breath, and spabling the head, and assaulted the victim.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In such a case, the victim expressed his wish not to punish the defendant on January 8, 2016, which was the third trial date after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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