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(영문) 전주지방법원 2014.10.14 2014고단1259
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was divorced at the end of January, 2013 by the Defendant and the victim, and the person living together at present.

On July 11, 2014, around 23:00, 2014, the Defendant: (a) expressed to the victim C (the age of 38) who was under the influence of alcohol in the Defendant’s residence, “this year, year, and year to which the Defendant would have caused the breath; and (b) made an assault at the left part of the Defendant’s drinking at one price at the right fest, while the Defendant stated that “I would like to go out of the house, “I would like to go out of the house, I would like to make it impossible for the victim to live, I would like to live, I would like to go out of the house, I would like to do so, I would like to do so, and would like to do so.”

2. The facts charged in the instant case are crimes falling under 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. According to the records, it can be acknowledged that the victim expressed his/her intent not to be punished against the Defendant on July 29, 2014, which was the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per Disposition.

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