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(영문) 울산지방법원 2017.03.30 2017고단301
폭행
Text

The prosecution of this case is dismissed.

Reasons

The Defendant was sentenced to six months of imprisonment with labor by the Ulsan District Court on November 2, 2016, and the judgment on February 2, 2017 became final and conclusive on February 2, 2017.

Around 01:00 on August 1, 2016, the Defendant, at the house of the victim D (56) located in Yangsan City, carried the alcohol with the victim from the day preceding the day before the day to day to day to day, was able to sleep with the victim, and the victim was "a person who goes at home" and "a person who goes at home", and the victim was frighted with the victim, and assaulted the victim by cutting down the victim's neck and body with his arms over several occasions, after the victim's arms and legs, and cutting down his arms.

Judgment

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.

However, on March 24, 2017, after the institution of the instant prosecution, the written agreement that “the victim (the complainant) does not want the Defendant’s punishment” was submitted to this court, and the victim’s wished to punish was withdrawn.

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

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