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(영문) 대구지방법원 2015.09.23 2015고정1541
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around February 10, 2015, the Defendant: (a) around 11:30 on February 10, 2015, the Defendant: (b) sent the key to the victim B (the age 45) replacing the elevator emergency call device and the entrance correction device with the authority delegated by the owner of the building in question; and (c) assaulted the victim by pushing the victim with the falp and the falle belt.

2. The facts charged in the instant case are those 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.

However, according to the fact-finding certificate (Agreement), the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on September 9, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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