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(영문) 의정부지방법원 고양지원 2013.05.16 2013고정384
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant: (a) on September 22, 2012, around 02:30, left a taxi driven by the victim B (the 60-year-old-old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Accordingly, the Defendant assaulted the victim's face once and four times with dubling flaps, etc., by "the victim was erroneously affected by flaps," and assaulting the victim's face with dubage.

2. We examine the judgment, and the facts charged are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under Article 260(2) of the Criminal Act.

However, according to the records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant around March 4, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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