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(영문) 수원지방법원 2016.03.23 2015고정3045
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 14, 2015, at around 05:00, the Defendant assaulted the victim of the vehicle by walking the bucks part of the victim E ( South, 19 years old) who became a vision due to a minor speech dispute on the roads near the D cafeteria located in Osan-si, Sinsan-si.

2. Determination of the above 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(2) of the Criminal Act. According to the statement in the police interrogation protocol against E, it can be acknowledged that the victim E expressed his/her intention not to be punished against the defendant on July 23, 2015, which was prior to the instant indictment. Thus, the above indictment constitutes a case where the procedure for instituting a public prosecution is in violation of law and becomes null and void, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act.

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