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(영문) 인천지방법원 2014.04.10 2013고단8257
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged was around 02:55 on November 20, 2013, the Defendant, while drinking alcohol together with E at “Dju” located in Nam-gu Incheon Metropolitan City, Nam-gu, the Defendant: (a) was under the influence of alcohol, and at the same time, F, the operator, without any particular reason, took a bath to his/her employees; (b) the Defendant himself/herself took a disturbance, i.e., spraying beering beer on the face of the said F; (c) the Victim G, who is another customer, prevented the Defendant; and (d) the Victim G, who was his/her hand, took the victim’s neck; and (e) assaulted the victim by drinking once the victim’s face.

Judgment

However, this 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 Criminal Act. According to the records of trial of this case, it can be acknowledged that the victim expressed his/her wish not to punish the defendant around April 1, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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