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(영문) 대전지방법원 2014.10.23 2014고정1597
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 25, 2014, the Defendant: (a) around 04:00, at a park adjacent to a green apartment that was located in the Dong-gu Daejeon-gu, Daejeon-gu; (b) the victim C (18 years of age) who was a male-friendly Gu was fluor; (c) the victim was fluoring the female-friendly Gu in the place where the female-friendly Gu was living; and (d) the victim continued to talk with the victim; (c) however, the victim was fluoring the face of the Defendant three times by a cigarette, 15 times by the victim’s hand; (d) the victim was fluoring the Defendant’s hand, etc. on two occasions by a cigarette, and was fluoring the victim’s face, and fluoring the victim once.

2. The judgment was based on the following facts: (a) a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act; and (b) according to the records, the victim may be found to have withdrawn his/her wish to punish the Defendant on October 22, 2014, which was the date the instant prosecution was instituted.

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

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