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(영문) 서울북부지방법원 2016.05.02 2015고정2460
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 25, 2015, the Defendant: (a) around 16:00 on April 25, 2015, the Defendant used the Victim C (44 years of age) and drinking alcohol to change the car fee to the victim; (b) however, the Defendant used the Victim C (4 years of age) and drinking alcohol to drink the victim on the ground that the victim refused to do so; and (c) assaulted the Victim on four occasions by drinking the left chest.

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. Since C expressed his/her intention not to be punished by the Defendant on May 2, 2016 after the instant indictment was instituted, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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