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(영문) 수원지방법원 2016.06.29 2016고정440
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 20, 2015, at around 01:55, the Defendant: (a) took a dispute with the victim E ( South, the age of 35) who was leaving a bridge in the right line C and the third floor D party room in Suwon-si, Suwon-si on the right line C and D party room; and (b) took off the part of the victim’s head and flicked, and assaulted the victim at least once by drinking with a flick, which was suffering in the time of vision, on the ground that the Defendant flicked with the victim E ( South, the age of 35).

2. Determination of the above facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the records, it can be acknowledged that the victim expressed his/her intent not to be punished against the defendant on June 28, 2016, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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