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(영문) 춘천지방법원 속초지원 2013.11.22 2013고단466
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On September 28, 2013, the summary of the facts charged: (a) the Defendant, within the “C” drinking house located in 00:40 Sincho-si B, Sucho-si (C) and performed drinking together with the victim D (31 years of age) and the victim’s friendships.

While the defendant divided the victim's friendship E with E, he or she was unable to say that E has a defect in his or her speech.

At this time, the victim assaulted the victim's face at least three times on his/her hand on the ground that he/she has a defect in the phrase "drawing she is acting in his/her friendship."

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records of the instant case, the victim D may recognize the fact that he/she expressed his/her wish not to punish the Defendant by submitting a written agreement to this court on October 31, 2013, which was after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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