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(영문) 부산지방법원 동부지원 2016.07.11 2016고단517
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates a building leasing business in a residential area, and the victim B (the remaining and the age of 52) is a lessee who lives in a rooftop owned by the Defendant.

On January 16, 2016, the Defendant would cut off the victim’s wife in front of the “D” restaurant operated by the injured party in Busan Shipping Daegu C, at around 17:10, the Defendant would cut off the victim’s wife in front of the restaurant.

Despite the promise, the victim committed assaulted one time by “the immediate deduction of the room” and “the victim gets out of the room,” and “the head of this gue,” and “the head of this gue,” on the ground that the victim did not put the room off.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 260(1) of the Criminal Act, and the facts charged of this case cannot be prosecuted against the victim's explicit intent under Article 260(3) of the same Act. According to the written agreement submitted by E, the victim E can be acknowledged as the facts that he/she has withdrawn his/her wish to punish the defendant on January 21, 2016, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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