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(영문) 광주지방법원 2016.08.26 2016고정797
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 28, 2016, around 13:45, the summary of the facts charged in the instant case: (a) around 13:45, the Defendant resisted to the effect that he drinks on the rooftop of the same building in Gwangju-gu Gwangju-dong C Building, and took a dispute with each other; (b) sought to have his face back to the room and return to the room without permission; and (c) took up five times as he drinks, and assaulted his face from the rooftop to drinking.

Accordingly, the Defendant set up against the above victim B’s acts, and laid down his bridge with two hand, and assaulted his face, body, etc. by going up from the outer roof of the room, again going up to her face and her body.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

On August 26, 2016, after the prosecution of this case was instituted, the victim B expressed his/her wish not to punish the defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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