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(영문) 수원지방법원 2015.09.10 2015고정1642
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) around 00:01 on April 10, 201, the Defendant discovered that C was on board a vehicle owned by the victim E (the age of 23) who stopped on the street of 103 east of the D Building when C’s residence at around 00:01; (b) took a driver’s seat without permission; and (c) took the vehicle behind the driver’s seat, and (d) took the victim’s desire to “the same infant of the same age as this walk,” and (d) took a head car of the victim driving on the driver’s seat, thereby committing assaulting him.

This is a crime falling under Article 260 (1) of the Criminal Code and can not be prosecuted against the express will of the victim under Article 260 (3) of the Criminal Code. The records of this case show that the victim has withdrawn his/her wish to punish the defendant by submitting a written agreement on September 8, 2015, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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