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(영문) 수원지방법원 평택지원 2016.12.28 2016고단2049
폭행
Text

The prosecution of this case is dismissed.

Reasons

On May 5, 2016, the Defendant was the victim E (26 years of age) and Si expenses on the street in front of Pyeongtaek-si B, and on the ground that the victim’s friendship D was worn out in the toilets in C, at around 02:00, the Defendant was the victim E (26 years of age).

The Defendant, by hand, abused the victim's flab, by drinking flabing the flabbbage. The Defendant assaulted the left face part once.

On the other hand, the charge of this case constitutes 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. The victim E prepared a written agreement and a written withdrawal of complaint to the effect that the defendant is not subject to criminal punishment, and submitted it to this court.

Therefore, the facts charged in this case constitute “when there is a declaration of intention not to punish a case which cannot be prosecuted against the clearly expressed intention of the victim, or when the declaration of wish to punish has been withdrawn” under Article 327 subparag. 6 of the Criminal Procedure Act, and thus, the prosecution is dismissed. It is so decided as per Disposition.

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