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(영문) 대전지방법원 2018.11.02 2018고정968
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is as follows: Defendant A ( South, 33 years old) and Defendant A reported marriage in 2010 with the victim C (V, 34 years old) and Defendant A repeated a marriage report on March 2017, but they were divorced but de facto marriage.

On June 25, 2018, the Defendant, in Seo-gu, Daejeon around 19:37, 2018, committed assault against the victim on the ground that a fake flag in the room was caused by a fake dispute with the victim, and caused the victim's bucks to walk one time.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 1, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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