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(영문) 인천지방법원 부천지원 2014.11.24 2014고정1251
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 1, 2014, around 19:28, the summary of the facts charged: (a) the Defendant, at the front of the “Dcafeteria” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-si C, he distributed the leaflet at the D restaurant operated by the Defendant; (b) however, the Defendant, on the ground that he s/she s/he s/ she s/ she s/ she s/ she s/ she s/ she she s/ she she s/ she she s/ she she

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act that cannot be prosecuted against the victim’s express intention under Article 260(3) of the Criminal Act. The victim cannot withdraw the charges or indicate his/her previous wish to punish again after clearly expressing his/her wish not to punish one another.

(2) According to the records, the victim E, a police officer in charge prior to the instant indictment, stated that he/she would not want the punishment of the Defendant, and expressed his/her intention not to punish the Defendant to the investigation agency on July 10, 2014, which is recognized as having expressed his/her intention not to punish the Defendant (Article 45 of the Investigation Records). Thus, even if the victim reconcepted his/her previous intention to punish the Defendant and again expressed his/her wish to punish the Defendant in the process of being examined due to the suspected injury of the Defendant, the validity of the record cannot be recognized.

Ultimately, the prosecution of this case is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act, since the prosecution procedure of this case is invalid because it violates the provisions of law.

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