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(영문) 춘천지방법원 2016.09.01 2016고단508
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 18, 2016, around 05:00 on April 18, 2016, the Defendant: (a) carried in flobs of the victim E (the age of 53) by hand on the ground that the victim E (the age of 53) who is a guest did not pay an additional drinking value; and (b) assaulted several times.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. It is apparent in the record that the victim appeared as a witness on September 1, 2016 and expressed his/her wish not to punish the defendant. Accordingly, the above facts charged constitute a case in which the victim expressed his/her wish not to prosecute the defendant against the victim’s explicit intent, and thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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