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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1474
폭행
Text

The prosecution of this case is dismissed.

Reasons

Around 03:00 on March 1, 2013, the defendant in the factory office tried to take a taxi operated by the taxi engineer C in front of the Gu-si apartment site B, but at the time, the victim D (32 years of age) who was a passenger of the said taxi at the time was unable to take a taxi while calculating the taxi cost. While he was in a dispute with the said C and the victim, he was able to take a ebbbbbling with the victim by hand and assaulted the victim.

However, the facts charged in this 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. According to the records, the victim can be acknowledged on December 2, 2013, which is after the institution of the prosecution in this case, as the victim has withdrawn his/her wish to punish the defendant. Thus, the prosecution in this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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