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(영문) 대구지방법원 안동지원 2017.11.28 2017고정202
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On September 3, 2017, the Defendant: (a) 12:30 on September 3, 2017, at the same time, assaulted the victim C(7 years of age) on his/her hand, without any reason, on his/her own seat from the game room in front of B apartment 111; and (b) on one hand, on the left side of the victim D(5 years of age) in his/her seat, the Defendant assaulted the victim C(7 years of age) at once on his/her hand.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the written agreement bound in the trial records of the instant case, it can be acknowledged that the mother E, a person with parental authority of the victims, expressed his/her intention not to have the victim punished on October 27, 2017, which is the date of the instant indictment.

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

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