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(영문) 의정부지방법원 2017.02.02 2016고단4057
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case [criminal records] The Defendant was sentenced to a suspended sentence of three years on February 21, 2014, for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Goyang Branch of the Jung-gu District Court on February 13, 2014, and the said judgment became final and conclusive on February 21, 2014.

[2] On August 3, 2016, at around 07:10 on August 3, 2016, the Defendant used a conversation with the victim D (41 tax) in relation to the agreement amount of traffic accident that occurred before the convenience store in the Dongducheon-si B, the Defendant used assaulted the victim by taking advantage of the victim’s her part of the neck and her hand when the victim took part in the conversation with the victim D (41 tax).

2. Determination

(a) A case which cannot be prosecuted against the clearly expressed intention of the victim (Article 260(3) and (1) of the Criminal Act);

B. Withdrawal of the victim's wish to prosecute after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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