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(영문) 대전지방법원 2018.04.17 2017고정1469
폭행
Text

The prosecution of this case is dismissed.

Reasons

On May 10, 2017, at the apartment construction site located in the Special Self-Governing City of Sejong around 08:50 on May 10, 2017, the Defendant assaulted the victim by using flabbbage with his hand, against the assault of the victim D ( South and 50 years old).

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 17, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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