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(영문) 광주지방법원 순천지원 2016.11.14 2016고정439
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 22, 2016, the Defendant: (a) committed assault by the victim F (the age of 64) on the ground that the victim F (the age of 64) did not bat the horse while drinking alcohol at an E-cafeteria located in 10:30 on the instant charges; and (b) committed assault on the floor by bating the bat around the floor.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. Since the victim expressed his/her intent not to prosecute the Defendant around October 10, 2016, the victim, after institution of the prosecution, expressed his/her intention not to prosecute the Defendant, this part of the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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