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(영문) 창원지방법원 2013.09.04 2013고단1854
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a lessor of a residence where the victim B and C live, and the victim is the husband and wife. The Defendant was assaulted by taking the victim’s chest part on July 1, 2012 at the victim’s residence No. D 16:10 on July 1, 2012, the Defendant 1) that he/she spits the victim’s chest part of his/her chest part on several occasions with the Defendant’s mother, and then spits the victim’s face once more on the ground that the victim spits the victim’s face, and assaults the victim’s face once more, at the same time as that of the preceding paragraph, at the same place as that of the preceding paragraph, and at the same time as that of the preceding paragraph, at the victim’s mother part of the victim C, who saw the victim B with his/her arms, and was faced with the wall.

2. The facts charged in the instant case are crimes 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, the victims may be aware of the fact that they submitted “a complaint, withdrawal, and written agreement,” which contains the victim’s intent to withdraw his/her wish to punish the Defendant on June 24, 2013, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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

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