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(영문) 인천지방법원 2017.01.24 2016고단8421
폭행
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Around September 29, 2016, at around 00:05, the Defendant: (a) sent the door door door of the room in Yeonsu-gu Incheon Metropolitan City B and 104 where the victim C (23 years old) resides in the front corridor; (b) caused the victim to go out of the room, and (c) caused the victim to go out of the room, and (d) caused the victim’s son’s son’s son by hand, the victim’s son’s son, and then her son’s son’s son with the above victim to turn out of the hallway, and (d) brought the victim’s son (24 years old) who was moving back to the hallway, and her son’s son part with the victim’s her face by hand, etc., the Defendant committed assault to the victims, such as smuggling, etc., respectively.

2. The facts charged in the instant case are both crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. As such, since the victim expressed his/her intention not to be punished on December 2, 2016, after the public prosecution of the instant case was instituted, all of the instant public prosecutions in accordance with Article 327(6) of the Criminal Procedure Act are dismissed.

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