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(영문) 전주지방법원 2015.03.27 2015고단293
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant A's home source.

Around 13:00 on January 24, 2015, the victim, who was seated in the driver's seat or left hand, was assaulted by two times on the part of the driver's right hand, while he was seated on the top of the B vehicle in front of the 251 Ministry of Labor, which was parked in front of the office building of Ministry of Labor, due to a dispute with the victim C.

2. The offense of assaulting the facts charged in the instant case 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.

However, according to the written agreement prepared by C which was bound in the records, it can be recognized that C, the victim of this case, withdraws his/her wish to punish the defendant on March 9, 2015, which was after the prosecution of this case.

Therefore, this case constitutes a case in which a victim withdraws his/her wish to punish against the clearly expressed intent of the victim, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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