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(영문) 광주지방법원 2017.03.17 2017고정159
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 11, 2016, the Defendant, at around 13:00 of the facts charged, committed assault against the victim by putting the head of the victim E in good hand while disputing D 2nd floor in Gwangju Seo-gu.

2. The instant case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. According to the written application for non-prosecution for the preparation of the victim E, which was bound in the records, the victim may recognize the facts that he/she expressed his/her wish not to punish the defendant on March 9, 2017, which was the date the instant prosecution was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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