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(영문) 대법원 2014.10.27 2014도9118
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, it is justifiable for the court below to reverse the judgment of the court of first instance and to render a judgment dismissing the prosecution on the grounds that the victim may recognize that the victim expressed his intention not to prosecute the whole facts charged of this case, which is the crime of non-prosecution in the indictment prior to the institution of prosecution, and thus, the procedure of prosecution constitutes invalid in violation of the provisions of law. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations, exceeding

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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