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(영문) 의정부지방법원 2013.09.12 2013고정732
상해
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged, around July 30, 2012, the Defendant: (a) took meetings at the second floor office of the D building in Yangyang-si, Namyang-si; (b) that the victim E had no right to speak; and (c) took the victim’s face; (d) spiting the victim’s face; and (e) assaulted the victim by spiting the victim’s face.

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. Since it is apparent that the victim withdraws his/her wish to punish the Defendant on June 13, 2013, after the instant indictment was instituted, the prosecution in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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