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(영문) 의정부지방법원 2014.09.30 2014고단2579
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a taxi engineer, the victim B (the victim B) is a taxi engineer, and the Defendant is a passenger of the taxi operated by the victim.

On 07:10 on 08, 2014, at the entrance of the river basin located in Dobong-gu Seoul Metropolitan Government, the Defendant started driving at CNFsasi (Dsi) operated by the victim while under the influence of alcohol. On the same day, around 07:31 on the same day, the Defendant: (a) deemed the victim in the taxi located in the victim’s taxi located in front of the E-building at the time of the Gu Government, “I will drive the taxi without knowledge of the weather path; (b) I stop the taxi while I stopped, and (c) tried the victim’s face by getting out of the taxi and getting out of the taxi.

2. The crime of assaulting on the market 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 records of the trial of this case, the facts can be acknowledged that the victim expressed his/her intent not to prosecute the defendant on May 14, 2014, prior to the institution of the prosecution of this case. Thus, the indictment is deemed to be null and void because the procedure of prosecution of this case violates the provisions of the Act, and thus, the prosecution is dismissed pursuant

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