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(영문) 울산지방법원 2014.06.27 2014고정37
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around May 30, 2013, the summary of the facts charged: (a) around 21:05 on May 30, 2013, the Defendant assaulted the victim’s head, i.e., “D motherel” operated by the Defendant in Ulsan-gun, U.S., by saying that the victim E (n.e., female and 23 years old) tried to go to the said her guest room, while smelling in the guest room; (b) demanded a refund; and (c) made a collision with the victim; and (d) caused a collision with the victim.”

2. We examine the judgment. The facts charged in this case are 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 records, the victim E is acknowledged to have stated to the effect that the defendant would have expressed his wish to punish him as a witness on May 30, 2014, after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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