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(영문) 수원지방법원 2017.11.16 2017고단6630
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged: (a) on August 17, 2017, the Defendant, at around 02:00, assaulted the victim by drinking the victim’s face on one occasion on the ground that he/she was satising the victim D (25 tax) who is a customer, while having danced at the stage in the “gallcco C” located in Suwon-si B, Suwon-si, Suwon-si, 2017.

2. The facts charged in the instant case are the crimes 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.

Accordingly, according to the agreement bound in the trial records, it is recognized that the victim D explicitly expressed his/her intention (the intention not to hold the criminal liability entirely) not to have the defendant punished on September 12, 2017, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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