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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고단701
존속폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the victim C (76) children of the facts charged.

On May 21, 2017, the Defendant: (a) around 23:10 on the Dong Sea, the residence of which is around 23:10, the mother, E, and the victim, have a defect in the horse dispute; (b) her mother, walking at once the victim’s left buckbucks in the direction of the victim, throwing away waste in the direction of the victim; and (c) her head 4:5 times with the victim’s head.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

2. The judgment is a crime subject to Article 260(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. Since the facts can be acknowledged that the victim expressed his/her intention not to be punished against the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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