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The prosecution of this case is dismissed.
Reasons
Punishment of the crime
1. The Defendant is a person who, from February 2014, was living together with the victim at the home of the victim C (Inn, 58 years of age) located in Chungcheongnam-gun B, Chungcheongnam-gu. A.
피고인은 2014. 10. 9. 22:00경 경기도 성남시에 있는 모텔 방에서 피해자가 남자와 전화통화를 하는 것을 듣고 “누구냐 ”라고 물었을 때 피해자로부터 “뭘 그런 걸 다 알려고 하느냐 ”라는 말을 듣자 화가 나 손으로 피해자의 목을 조르고, 팔로 피해자의 얼굴 부위를 밀치는 등 피해자에게 폭행을 가하였다.
B. On October 14, 2014, around 14:00 on October 14, 2014, the Defendant: (a) met the victim’s house located in Yeongdeungpo-gun B by drinking alcohol; (b) thereby threatening the victim as if the victim were brusheed, and (c) committed assault, such as assaulting the victim’s right edge by hand.
2. The crime of assaulting is an offense that cannot be punished against the victim’s express intent (Article 260(3) of the Criminal Act). According to the records of this case, it can be acknowledged that the victim expressed his/her intent not to be punished against the defendant on October 28, 2014, which is after the institution of prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.