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(영문) 제주지방법원 2018.04.16 2017고단3213
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who lives in his residence and works as a tree, and the victim B (V, 48 years of age) live together.

On August 21, 2017, around 10:00, the Defendant assaulted the victim and her children (D and 14 years of age) on several occasions, such as taking care of their faces with their fingers, continuing to take care of their faces by drinking, etc., in Jeju Island C703, which is a residence of the victim.

2. The above facts charged 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According to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on December 4, 2017, which was after the prosecution of this case was instituted.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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