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(영문) 부산지방법원 2017.02.08 2016고단5980
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 6, 2016, the Defendant: (a) was aware of the victim C (54 years) who was in front of the father-gu Busan Metropolitan City, Busan Metropolitan City Yok-ro 14 o-ro 7, and became aware of the victim C (54 years of age) on the road in front of the father-gu, Busan Metropolitan City, Busan, about 20:18; and (b) without any reason, spits the victim’s face and spits it into the victim’s face, and spits it once more on the victim’s face over three occasions.

Accordingly, the defendant committed assault against the victim.

2. The instant case is an offense 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.

Since the victim expressed his wish not to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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