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(영문) 대전지방법원 서산지원 2014.04.11 2014고단100
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 23:00 on February 6, 2014, the Defendant assaulted the victim on two occasions on the hand floor under the influence of alcohol on the ground that D had expressed his/her desire at the front of a restaurant in C cafeteria located in Jinjin-si B.

2. The 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 According to the records, it can be acknowledged that D, the victim of the instant case, has withdrawn his/her intent not to punish the defendant by submitting a written withdrawal of complaint to the court on April 10, 2014, which was after the institution of the instant indictment. Thus, the prosecution against the defendant is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

It is so decided as per Disposition for the above reasons.

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