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(영문) 창원지방법원 진주지원 2016.04.27 2016고단6
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim B (n, 33) from Cambodia and the international marriage couple.

A. On September 21, 2015, the Defendant knew that the victim was issued a passport at a small room of C301, Jinju-si around 22:00, and asked the Defendant for the issuance of the passport.

“The photograph cited in his hand on the ground that he speaks together with the victim’s face, she laid down the mast and left part of the victim’s face, she threatened the victim’s part as if he followed 5-6 times by taking 5-6 part of the victim’s neck, and assaulted the victim’s neck by her second hand.

B. On September 22, 2015, the Defendant: (a) claimed that the victim did not open the entrance at the same place as the preceding paragraph at around 08:10 on September 22, 2015; and (b) made an assault, i.e., taking the victim’s left part by putting the neck over the upper floor by cutting it over the victim’s hand; and (c) taking 5-6 times the neck of the victim’s neck.

2. Each of the facts charged in the instant case is a crime falling 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 records, it is recognized that the victim B expressed his/her intent not to prosecute the Defendant on April 22, 2016, which was after the public prosecution of the instant case was instituted. Thus, the instant public prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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