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(영문) 의정부지방법원 2017.06.23 2017고단1375
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 12, 2017, the Defendant: (a) committed an act without any brush against the victim E (35 scam) who drinks alcoholic beverages together with the scam in the D restaurant located in Mac City of 18:10 on March 12, 2017; and (b) committed an assault with the victim’s face.

2. The grounds for dismissing the public prosecution of this case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the written agreement and the statement of non-exclusive sources of punishment bound in the public trial records, the facts can be acknowledged that the victim withdraws his/her wish to punish the defendant on May 29, 2017, which is after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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