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(영문) 춘천지방법원 2016.11.28 2016고정395
상해
Text

The prosecution of this case is dismissed.

Reasons

Around 02:00 on June 17, 2016, the Defendant assaulted the victim’s neck with his hand, who was seated on the next table table and carried out drinking, following the victim E, who was seated and carried out drinking on the table of the time table, by moving the victim’s neck on one stop, and then moving the victim’s neck to the sprink and the entrance of the sprink.

Judgment

The crime of assault, which constitutes the facts charged, 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. Since victim E clearly expresses his/her intent not to be punished by attending this court as a witness, the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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