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(영문) 의정부지방법원 2018.06.01 2018고단1703
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant 1 of the facts charged is a person who works as a park from Cambodian nationality, and is not aware of the victim C (C, Cambodia). The Defendant, around 00:36 February 16, 2018, on the street in the front of the city of Spocheon-si, the Defendant and the injured person, while drinking alcohol in the “F” restaurant located in Spocheon-si E, on the ground that the injured person was suffering from drinking alcohol on the part of the Defendant and the injured person, on the ground that he and the injured person frightd in the “F” restaurant in the city of Spocheon-si on the same day, committed assault on the victim’s face one occasion after leaving the body flick.

2. The instant facts charged constitute Article 260(1) of the Criminal Act, and thus, cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. In such a case, the victim withdraws his wishing to punish the Defendant on March 20, 2018, which was after the instant indictment. Accordingly, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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