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(영문) 대구지방법원 서부지원 2014.11.21 2014고정425
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 24, 2014, around 01:00, the Defendant was accompanied by CSM (SM)-5 passenger car operation by CSM (SM)-2, a branch of the Jacheon-dong Intersection at the Yacheon-dong, Seo-gu, Daegu-gu, Seocheon-gu, Seoul, and left left the left.

The victim D(22 years of age)'s ENS car and contact accident occurred, and the defendant brought off from the mixed passenger vehicle to the victim, and the above B driven the above EM-5 car to the "G" located in F in the Seogugugu in Daegu, and the above victim did so according to B.

Since then, the Defendant: (a) expressed that the victim, who first arrived with the above “G” and was sprinked with B and vagabonds, “I am not a insurance fraud group; (b) if you need money, I am, and sprink.”; and (c) assaulted the victim’s chest part once by two descendants.

2. The facts charged of 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 According to the records, the facts can be acknowledged that the victim has withdrawn his/her wish to punish the defendant after the prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act

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