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(영문) 대구지방법원 2017.03.15 2017고정204
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the head of the C church, and the victim D(47) is the head of the same church.

On October 16, 2016, the Defendant: (a) filed a petition with the injured party on the first floor of the Daegu metropolitan church in Daegu-gu E, Daegu-gu, Daegu-gu, and filed a petition for reappointment through lawful procedures through a church meeting in which the victimized party works; (b) stated that “I do not have any error in the document itself; (c) the injured party “I do not have any error in the document itself”; and (d) committed assault on the part of the injured party by using the hand floor, such as assaulting the injured party’s vessel by a protesan, which was carrying the victim’s knife at one time and being pushed once.

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 explicit intent pursuant to Article 260(3) of the Criminal Act.

In doing so, the victim D may recognize on March 6, 2017, which was after the prosecution of this case was instituted, that the victim expressed his/her intention not to be punished against the defendant in this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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