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(영문) 창원지방법원 2018.10.26 2018고단2206
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant is the former husband of the victim B (V, 38 years old).

On August 4, 2018, at the defendant's house located in Kimhae-si C around 09:45 on August 4, 2018, the defendant would not have a travel by the victim due to dispute with the victim.

The defect ice 1.5 liter, towards the head of the victimized person, the victim's death shall be discarded", and the victim shall not continue to travel.

There was three stroke of the victim's stroke because of the defect.

At the above date and time, the defendant continued to check the body of the victim who wants to get the victim from the house to board the vehicle, and the victim tried not to get the victim to board the vehicle, and moved the victim to the vehicle by putting the head of the defective victim's knife by putting the knife and knife the knife and knife the knife by hand.

Accordingly, the defendant committed assault against the victim.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act as a crime falling under Article 260(1) of the Criminal Act.

According to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 12, 2018, which was after the prosecution of this case.

3. Therefore, the instant public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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