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(영문) 창원지방법원 마산지원 2016.03.04 2016고단75
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is not aware of the facts charged in the instant case with the victim B.

On September 27, 2015, the Defendant: (a) at the entrance of the iron-way market located in Changwon-si, Masan-si, Masan-si, Masan-si; (b) at the entrance of the market, the Defendant sent off the car to G, who is the owner of the Ftap vehicle parked at the entrance of the market while returning home, such as the victim and his driver E; and (c) became a vision for each other.

At this time, while the defendant tried to move his H vehicle parked immediately next to the defendant, the victim was assaulted by the victim, such as the victim's flabing fat, and the defendant's flabing of the victim's flab on the ground that the victim was unable to move his vehicle, and the defendant was unable to move his vehicle.

2. The facts charged in the instant case are the 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According to the records, the victim B may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on January 28, 2016, which was after the prosecution of this case was instituted.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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