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(영문) 부산지방법원 2018.08.29 2018고단727
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 29, 2017, the Defendant: (a) while driving a road without permission in front of “C” located in the Busan Annual Zone B of Busan on December 29, 2017; (b) while driving the road without permission, the Defendant was trying to leave the body of the Defendant’s EM cars with the victim D (31) and with the driver’s seat.

D’s balp balp balp balp balp balp, and F’s face was maintained by the victim F(31 tax) who was carrying the balp balp in the chief of the said vehicle.

Accordingly, the defendant assaulted victims.

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 intent expressed by the victim under Article 260(3) of the Criminal Act.

According to the records, the victim D and F have withdrawn their wish to punish the defendant around August 27, 2018 after the indictment of this case was instituted.

Thus, the prosecution of this case constitutes a case where the expression of intent to punish is withdrawn in the crime of non-violation of intention. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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