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(영문) 인천지방법원 2016.05.26 2016고단1069
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around January 17, 2016, at around 02:30 of the Defendant’s residence, the summary of the facts charged: (a) the Defendant raised an objection against the victim D (3) who is the owner of the building of the said apartment, against the leakage of the said apartment; (b) committed an assault against the Victim D (41) who was the owner of the building of the said apartment; (c) was satisfing the victim’s breath by satching the breath, and continuously pushed the victim toward the wall.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. As such, the victim expressed his/her intent not to be punished on May 24, 2016, which was after the public prosecution in the instant case was instituted, the public prosecution in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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