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(영문) 인천지방법원 2014.12.19 2014고단8628
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 22, 2014, the Defendant, at around 01:58, performed drinking at C main points located in Yeonsu-gu Incheon Metropolitan City, and went out of the facility without calculating the drinking value.

On the other hand, when the victim D(25) who is an employee demands the victim to calculate the drinking value, the victim used the victim's chests twice with the hand floor, and used the breath, thereby harming the victim.

2. The facts charged in the instant case are crimes 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 Criminal Act. According to the written agreement, the victim D withdraws his/her wish to punish the Defendant on November 6, 2014, after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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