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(영문) 의정부지방법원 고양지원 2013.12.12 2013고정1453
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 8, 2013, at the first floor of the Goyang-gu 1008 Goyang-gu, Goyang-gu, Goyang-gu, 1008, the Defendant: (a) was arrested by the father of the victim C (the 28-year-old) who resides in the Defendant’s upper floor on the Defendant’s residential area on the charge of unauthorized intrusion on the Defendant’s residential area, and was going to the police station, and the Defendant was arrested by the police officer on the charge of unauthorized intrusion on the Defendant’s residential area; (b) the Defendant committed assault on the Defendant’s chest part of the victim’s chest.

2. We examine the judgment, and the facts charged are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under Article 260(2) of the Criminal Act.

However, according to the records, it can be recognized that the victim C withdraws his/her wish to punish the defendant on or before December 6, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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