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(영문) 대전지방법원 홍성지원 2015.12.16 2015고정260
폭행
Text

The prosecution of this case is dismissed.

Reasons

The facts charged C is a cargo driver who operated the E station in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and the defendant found the above station.

At around 18:30 on December 2, 2014, the Defendant, at the above E-owned station, approved more than 20% of the oil paid at the request of the Defendant, and, at the request of the Defendant, returned the excess portion to the cargo vehicle with one-time "one-time card tin" as the cycle of returning it to cash. However, the Defendant, on the ground that the customer who first visited the horse by the victim after changing the horse, could not be able to have his/her card tin-tin. Thus, the Defendant brought about a dispute with the victim.

The Defendant, as above, committed a dispute with the victim, committed an assault with the victim's neck, who was frightened and frighted in the said gas station office, at one time as his hand, and committed assault with the victim's arms, etc.

Judgment

The facts charged of this case are those falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under Article 260 (3) of the Criminal Act.

According to the records, it can be recognized that the damage had withdrawn the wish to punish the defendant on December 10, 2015, which was after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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