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(영문) 춘천지방법원 2016.08.23 2016고단354
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On February 6, 2016, at around 06:10, the Defendant: (a) was divingd on the 4nd floor of the D4th floor in Chuncheon City; (b) on February 6, 2016, when the Victim E (21) satisfing the face of the Defendant’s cell phone, the Defendant satisfyed the victim by sating the Defendant’s cell phone on one hand and satisfing the victim’s bat.

The Defendant assaulted the victim as such.

2. The judgment of the court below is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the same Act. According to the statement of "written agreement" submitted by the defendant on August 1, 2016, the victim expressed his/her wish not to punish the defendant in preparing the written agreement on August 1, 2016, after the public prosecution of this case was instituted. Accordingly, the above facts charged constitute a case in which the victim expressed his/her wish not to punish a case against the victim's explicit intention, and thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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