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(영문) 수원지방법원 2013.08.28 2013고단3265
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a guest who gets on a taxi operated by the victim B (52).

At around 06:00 on March 29, 2013, the Defendant committed assault, such as drinking twice a victim’s face, while under the influence of alcohol in front of the E-ju store of the D University located in Osan-si, Osan-si, he was under the influence of alcohol.

2. We examine the judgment. The case is a crime 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. According to the written agreement bound in the trial records of this case, the victim can be found to have withdrawn his/her wish to punish the defendant on April 16, 2013, which is after the prosecution of this case.

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

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