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(영문) 광주지방법원 2017.04.27 2017고단74
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 05:50 on June 21, 2016, the Defendant assaulted the victim C at one time to the right side of the victim’s face with the hand floor on the ground that the victim C did not want to see the Defendant’s drinking figure and when he gets the breast in a drinking house, the Defendant used the victim’s face part once in a hand floor, the main drinking, etc., and the chest part at 10 on the chest, and then assaulted the victim at one time to the right side of the plastic cell.

2. The part of the instant assault 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 Criminal Act. According to the records, the facts can be acknowledged on December 13, 2016, which was after the institution of the instant indictment, that the victim expressed his/her intention not to be punished against the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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