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(영문) 대전지방법원 공주지원 2014.08.22 2014고단194
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is around 17:40 on June 10, 2014, the Defendant used a part of the victim’s face at a tobacco smoking place in C tobacco smoking area in D (37 years of age) in order to hear half-years from D (37 years of age) and assaulted a part of the buckbucks one time.

2. The facts charged above shall not be prosecuted against the crimes falling under Article 260 (1) of the Criminal Act, and shall not be prosecuted against the clearly expressed will of the victim under paragraph (3) of the same Article.

However, according to the written agreement dated July 18, 2014, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on July 18, 2014 after the prosecution against the above facts charged was instituted.

Thus, this case constitutes a case in which the victim expressed his wish not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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