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(영문) 인천지방법원 2017.01.12 2016고단7540
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around September 16, 2016, the Defendant: (a) expressed, without any particular reason, the desire to take a trial fee to the victim D (e.g., 48 years of age) who passed a park in the Seo-gu Incheon Metropolitan City Park on September 16, 2016; and (b) expressed, without any specific reason, that “the same year as it is deemed free;” and (c) assaulted the victim, such as the victim’s arms and ice.

2. The instant facts charged are crimes falling under Article 260(1) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the Defendant on December 27, 2016, which was after the prosecution was instituted, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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