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(영문) 광주지방법원 2017.03.22 2017고단733
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 30, 2016, the summary of the facts charged by the Defendant is as follows: (a) the victim D (40 years old) who was a substitute driver in front of Gwangju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

The victim was able to get off the above vehicle, and then the victim was boomed up to 8 times by hand, with the victim's shoulder less than 5 times.

2. Determination of the above facts charged is a crime 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 same Act. It is recognized that the victim D explicitly expressed his/her intent not to punish the Defendant on January 20, 2017, which is the date of the instant indictment.

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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