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(영문) 광주지방법원 2014.09.30 2014고정765
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged and the victim C (the age of 53) are persons with hearing or speech disabilities who reside in the same apartment complex.

On March 12, 2014, at around 11:40, the Defendant assaulted the victim’s right hand on the ground that the Defendant had a defect in the fighting with another person and the victim of the fighting with another person on the fourth floor, Seo-gu, Seo-gu, Gwangju, Seo-gu, 105-dong 4, on the ground that the victim said the fighting.

2. The facts charged in this part of the judgment are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the Criminal Act. According to the records, it is evident that the victim appeared and testified on the fourth trial date of the instant case and expressed his/her wish not to punish the defendant. Thus, this part of the facts charged constitutes a case in which the victim expressed his/her wish not to prosecute against the victim's explicit intention and thus, this part of the facts charged is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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