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(영문) 수원지방법원 2013.08.28 2013고정1364
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 23, 2012, the Defendant: (a) around 21:30 on December 23, 2012, the summary of the facts charged was the victim E, a customer; (b) made a verbal dispute with the victim E, and (c) displayed the victim’s face; and (d) caused the victim’s head behind the victim’s head.

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 According to the records, the victim can be acknowledged as having withdrawn his/her wish to punish the Defendant on August 28, 2013, which is the date the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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