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(영문) 부산지방법원 서부지원 2019.05.09 2018고정840
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 21, 2018, the Defendant: (a) around 22:40 on May 21, 2018, on the street in front of the Busan Northern-gu B building, the Defendant: (b) changed the vehicle signal to a straight-line signal; (c) the victim C (the age of 22) who was waiting for the signal, was driving the vehicle at a light of the amount of DNA driver car.

Accordingly, the defendant, who has been in harmony, assaulted the victim's face who is seated in the driver's seat of the car at issue once a week.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(2) of the Criminal Act. According to the agreement submitted by the defendant’s defense counsel on May 2, 2019, the victim can recognize the fact that he/she has withdrawn his/her wishing to punish the defendant on May 2, 2019, after the institution of the instant indictment.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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