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(영문) 의정부지방법원 2016.10.13 2016고정1503
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 5, 2016, the Defendant: (a) around 20:30 on April 5, 2016, the victim B (year 41) who is an employee of the other vehicle insurance company who was dispatched to the site when a traffic accident occurred on the street in front of the Masan-ro 3 non-fluence distance, cannot properly deal with the instant case; (b) on the other hand, the Defendant assaulted the victim’s left shoulder on one occasion by making a car or drinking.

2. The crime of assaulting the facts charged in the instant case constitutes an offense under Article 260(1) of the Criminal Act and thus cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

However, according to the records of this case, it is recognized that the victim expressed his/her intent not to punish the defendant on October 5, 2016.

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

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