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(영문) 대전지방법원 천안지원 2013.04.04 2012고정1174
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around September 18, 2012, the Defendant: (a) around 18:30 on September 18, 2012, the Defendant: (b) at the Asan City Agency, the Defendant got out to visit D, the president; and (c) while smoking in the non-smoking area, the Victim E (the age of 31) demanded that “the victim E (the age of 31) shut down her door to string,” while smoking tobacco in the non-smoking area, the Defendant committed assault against the victim, such as receiving the victim’s ma once.

2. The facts charged of this case are crimes 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 written agreement submitted by the defendant to this court on March 29, 2013, it is recognized that the defendant and the victim have agreed smoothly, and according to the above facts of recognition, it is reasonable to view that the victim withdrawn the wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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