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(영문) 창원지방법원 진주지원 2016.01.14 2015고정329
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the father-child of the injured party C (11) and the injured party is the father-child of the injured party, and the injured party is divorced from D and the accused are living together with D after they are living together with D.

A. On March 20, 2014, the Defendant attempted to take care of the victims who come from the latter from the F elementary school located in the Gyeongdong-gun, Gidong-gun, Gidong-gun on March 20, 2014, and live together with himself.

However, when the victim refuses to do so, it was assaulted by putting the shoulder of the victim by hand, booming the back of the victim, etc.

B. On March 31, 2014, around 15:00, the Defendant assaulted the victim’s two descendants to take the victim’s knife in front of the H located in Gu-si G on the same ground as above.

2. Each of the facts charged in the instant case is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records of the instant case, the victim may recognize the fact that he/she withdraws his/her wish to punish the Defendant on January 5, 2016, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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