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(영문) 전주지방법원남원지원 2020.11.10 2020고단236
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 30, 2019, the Defendant was sentenced to imprisonment with prison labor for special injury at the Jeonju District Court for one year and six months, and completed the execution of the sentence on March 12, 2020.

At around 15:00 on May 13, 2020, the Defendant: (a) taken a city fee to the victim D (mae, 57 years old); (b) taken the victim’s face and side gate in the Defendant’s drinking alone without any justifiable reason; and (c) taken the victim’s face by the Defendant’s hand on the front of the said “C cafeteria.”

2. Determination: A crime of assault that applies to the facts charged in the instant case where dismissal of prosecution is dismissed is a crime that falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express will pursuant to Article 260(3) of the Criminal Act.

However, following the indictment of this case, according to the agreement submitted to this court on November 6, 2020 after the indictment of this case, the victim expressed his/her intent not to be punished against the defendant.

Thus, the facts charged of this case constitute the case where the victim withdraws his wish to punish a case which cannot be prosecuted against the victim's explicit wish. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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