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(영문) 부산지방법원 2018.11.07 2018고단2831
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 19, 2018, the Defendant: (a) around 04:20 on April 19, 2018, at the “C” club located in Busan, Busan, a male employee and a trial expense, took the victim D (24 tax) who is another employee, toward the entrance and exit of the victim; (b) spits the victim, spits the head, spits the head, spits the head, spits the head, sat down the head, sat down the victim E (24 tax), and sats the face of the victim E (24 tax) who is another employee, and sats the victim’s face, etc.; and (c) the Defendant satds the victim’s face, etc.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the intent expressed by the victim under Article 260(3) of the same Act.

According to the records, the victims have withdrawn their wish to punish the defendant on September 14, 2018 after the indictment of this case was instituted.

Thus, the prosecution of this case constitutes a case where the expression of intent to punish is withdrawn in the crime of non-violation of intention. Thus, all of them are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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