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(영문) 인천지방법원 2013.11.11 2013고단5505
폭행
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. On August 25, 2013, at around 23:30 on August 25, 2013, the Defendant assaulted the victim E (year 51) on the street in front of Jung-gu Incheon Metropolitan City, on the ground that the victim E (year 51) would not obstruct the passage of himself/herself at the center of the road.

2. The facts charged in the instant case are 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. According to the records, it is obvious that the victim withdraws his/her wish to punish the Defendant on October 28, 2013, which was the date the instant prosecution was instituted, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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