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(영문) 인천지방법원 2019.03.27 2018고단8400
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: around November 18:19, 2018, the Defendant, on the front side of the “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the 19th day of November 7, 2018, the Defendant: (a) flicked the Defendant and the Defendant’s daily behaviors; (b) flicked the victim D (25 years old); (c) flicked the victim’s body three times; (d) flick the victim’s body; (e) flick the victim’s body; (e) flicked the victim’s face; and (e) flicked the victim’s chest with the victim’s left hand once.

However, this is a crime 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 According to the written agreement, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on March 20, 2019, after the institution of the instant indictment. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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