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(영문) 인천지방법원 2015.09.23 2015고단5400
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 21, 2015, the Defendant assaulted the victim’s face at one time on the floor of hand on the ground that the victim D (here, 46 years old) living together in the front of the Cusbus located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul (hereinafter referred to as the “Cusbus”), who was living in front of the Cusbus.

2. The facts charged in the instant case are 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. According to the written agreement, it is apparent that the victim D withdraws his/her wish to punish the Defendant on August 26, 2015, after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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