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(영문) 대전지방법원 2014.12.04 2014고정1644
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 1, 2014, at around 00:00, the Defendant: (a) parked along the D cafeteria located in Seo-gu Daejeon, Daejeon; (b) in order to prevent another vehicle from passing through another vehicle, the Defendant: (c) demanded the victim F (the 56-year-old age) to drive a hived vehicle owned by her husband; (d) drive a hived vehicle owned by her husband; (e) sound the horn and turn off the vehicle.

Accordingly, the Defendant committed assault, such as 5 to 6 times on the face of the head, knenee, and 5 to 5 to knee, on the ground that the victim took a bath to get off the vehicle, and she took a bath to get off the vehicle, on the ground that the victim took a bath to get off the vehicle, with the vehicle that the victim is driving.

2. The judgment was based on the following facts: (a) 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the victim’s express intent under Article 260(3) of the Criminal Act; and (b) the record reveals that the victim has withdrawn his/her wish to punish the Defendant on November 28, 2014, after the institution of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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