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(영문) 전주지방법원 2018.09.06 2018고단1477
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged and the victim C(67) are the position to support the defendant's F pastor and the victim C(67) who is a E church member in Yong-gu Seoul Metropolitan Government D. The victim is the position of opposing F pastor.

On April 13, 2018, the Defendant, at around 20:10 on April 13, 2018, brought in a dispute with the victim in relation to the church deposit passbook from the road of the above E church, but was pushed down two times with the victim's chest.

Accordingly, the defendant assaulted the victim.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

In such a case, according to the written application for non-prosecution of punishment submitted to the defendant through the defendant on August 14, 2018, which was after the public prosecution of this case was instituted, the victim expressed his/her intention not to be punished, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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