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(영문) 전주지방법원 남원지원 2020.07.21 2020고단143
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a managing director of the “C” company in South Korea, and the victim D (Nam, 25 years old) is a former employee of the said company.

At around 17:50 on April 10, 2020, the Defendant, at the above 17:50 office of the first floor of “C”, brought about the Defendant’s hand floor with the victim’s left side, on the ground that the victim did not properly handle his/her instructions.

2. Determination - The crime of assaulting the facts charged in the instant case where dismissal of prosecution is dismissed is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the victims under Article 260(3) of the Criminal Act.

However, according to the written agreement submitted to this court on May 25, 2020, after the prosecution of this case, the victim expressed his/her intention not to be punished against the defendant.

Thus, the facts charged of this case constitute a case in which the victim withdraws his/her wish to punish against the clearly expressed intent of the victim, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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