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(영문) 수원지방법원 2016.05.13 2015고단5730
존속폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 22, 2015, the summary of the facts charged is as follows: (a) at the Defendant’s house located in Yong-si B and 302, Young-gu, Young-si on November 22, 2015; (b) at the Defendant’s house located in Young-si B and 302, and (c) at the Defendant’s house, who is the mother of the Defendant under the influence of drinking alcohol, whether the Defendant “satisfy?”

“I have continued spirits due to the fact that the victim did not have her right, and her hand sealed the Defendant’s left side of her hand on one occasion and her hand on one occasion, and used the son’s face, the back head part of the victim’s face, about five to six times in each drinking, and the victim’s buck and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

2. The case is a crime falling under Articles 260(2) and 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According to the written withdrawal of a complaint filed in the trial records, the victim C can be recognized as having withdrawn his/her wish to punish the defendant around April 12, 2016, which is the date the instant prosecution was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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