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(영문) 창원지방법원 2018.05.16 2017고단4056
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 8, 2017, at around 16:40 on the 4th floor of Kimhae-si, “D,” the Defendant: (a) committed assault to an employee of the place as to the issue of refunding film diskettes for which the starting time has already passed; (b) the Defendant heard the horses of the Victim E (V) who is an employee, and assaulted the victim’s chest twice by using his hand with a name tag attached to the victim’s face; and (c) the Defendant frighted the victim’s chest on two occasions, with a name tag attached to the victim’s face.

2. The facts charged in the instant case are acts 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.

In this regard, the victim submitted a written agreement to the effect that he/she does not wish to punish the defendant on May 3, 2018, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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