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(영문) 인천지방법원 2015.03.30 2015고단844
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 21, 2015, at around 06:45, the Defendant assaulted the victim on the ground that the Defendant’s residence in Jung-gu Incheon, Jung-gu, Incheon, 427, was a female-friendly victim C (here, 20 years of age) and the victim’s telephone from the former male-gu. On the part of the Defendant, the Defendant used the victim’s head at several times with his/her hand and took the face of his/her face.

2. The offense of assaulting the facts charged in the instant case is a crime 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 same Act.

However, according to the written agreement in the preparation of C which is bound in the records, the injured party C withdraws his/her wish to punish the accused after the prosecution of this case.

Therefore, this case constitutes a case in which a victim withdraws his/her wish to punish against the clearly expressed intent of the victim, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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