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(영문) 창원지방법원 통영지원 2019.06.11 2018고단999
폭행
Text

The prosecution against the defendant is dismissed.

Reasons

The summary of the facts charged in this case is as follows: (a) on June 24, 2018, the defendant dialogueed with a female-friendly job offering C in front of the Bamoto-si on the street before the Bamoto-si on the ground that the victim D (40 years of age) who passed the place was flicking to himself/herself and a female-friendly Gu on the ground that he/she was flicking a trial fee; (b) he/she was flicking the victim's face by drinking, flicking the victim's back by hand, and assaulted the victim's face once by walking.

The facts charged in this case fall 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. According to the overall purport of the records and arguments, it can be acknowledged that the victim D declared his/her wish not to punish the defendant on the fourth trial of June 11, 2019. Thus, the prosecution against the defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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