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(영문) 대전지방법원 공주지원 2014.10.07 2014고정17
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around August 26, 2013, around 23:00, the Defendant: (a) committed assaulting the victim E (the 50-year-old age) by breaking the breath of the D2 floor located in Gongju City, against the assault of the victim E (the 50-year-old age).

2. The facts charged above shall not be deemed to fall under Article 260 (1) of the Criminal Act, and shall not be prosecuted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article;

On October 7, 2014, the victim explicitly expressed his/her intention that he/she does not want criminal punishment against the defendant in the examination of the witness that was conducted after the prosecution.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish a case that cannot be prosecuted against the victim's clearly expressed intent. Thus, the public prosecution of this case is dismissed. It is so decided as per Disposition.

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