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(영문) 대전지방법원 2018.07.13 2018고정444
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is married to the victim B on March 20, 2005 and is married to the marital relationship.

On March 1, 2018, the Defendant, at around 21:00, assaulted-gu Seoul Building, and at the second floor, he saw that he did not refuse to see his children, and presented it at the house. On the ground that a person who was late returning home was aware of this, and her flab, the Defendant assaulted him over flabing and pushedly.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on June 25, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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