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(영문) 제주지방법원 2013.07.17 2013고정352
폭행
Text

The prosecution of this case is dismissed.

Reasons

At around 01:10 on January 26, 2013, the Defendant in the factory room called “F”, on the street in front of the seat of the Category D located in C, and requested a proxy driver of “F” on the street.

The victim G(52 years old) reported the defendant's vehicle that has an emergency, etc. in the vicinity of C's location at Jeju, and requested the defendant to confirm the end of the telephone number in order to confirm whether the defendant was unable to drive by proxy.

Accordingly, the Defendant expressed the victim’s desire to do so, and the victim opened and out of the door, and got damaged by the Defendant, and the Defendant followed the victim, thereby cutting the victim’s left shoulder part by hand, and assaulting the victim by cutting the victim’s cap.

However, the facts charged in the instant case constitute a crime of assault under Article 260(1) of the Criminal Act. This is a crime that cannot be prosecuted against the express intent of the victim pursuant to Article 260(3) of the Criminal Act.

Since the victim appeared as a witness on July 17, 2013 as of the date of trial and stated to the effect that “the defendant does not want punishment,” the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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