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(영문) 대구지방법원 2016.12.16 2016고정2449
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the facts charged is a person discharged from military service on August 23, 2016 while serving as a mine soldier belonging to the Korean War Veterans Association 131.

On June 2016, the Defendant assaulted the victim by 4 times the face, etc. of the victim on the floor of hand on the ground that the victim B (the age of 25) was not found in the corridor of the living room belonging to the above police officer on the ground that the victim B (the age of 25) was not found in the military force.

B. Around June 21, 2016, the Defendant committed the crime at around 21:30, mid- to June 2016, 2016, doping the distress in the living room belonging to the above-mentioned 21:30, and assaulting the victim by walking her her tock at one time.

2. The facts charged in the instant case are the 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.

However, on December 1, 2016, which was after the prosecution of this case was instituted, B can be recognized that the defendant expressed his/her intention not to be punished for the defendant in this court.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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