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(영문) 대구지방법원포항지원 2020.10.15 2020고정164
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: “The Defendant assaulted the victim’s arms, shoulders, legss, and body parts 5 to 6 times by opening the front corridor of the North-gu B apartment C at port on July 2, 2020, on the ground that the victim D(77 years of age) does not respond to the dialogue with women’s friendly-gu E in the front corridor of the North-gu B apartment C at port.”

However, this is a crime falling under Article 260 (1) of the Criminal Code and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Code. Since it can be acknowledged that the victim explicitly expresses his/her intention not to punish the defendant by attending this court on October 15, 2020, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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