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(영문) 대전지방법원 홍성지원 2015.08.13 2014고정295
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 13, 2013, at around 21:05, the Defendant: (a) received a demand from the victim D (the age of 48) to demand the unpaid personnel expenses from the Defendant’s home located in Chungcheongnam-gun, Chungcheongnam-gun; (b) brought a dispute with the victim; (c) was frightened with the victim; and (d) was frightened with the victim’s chest and boomed with both arms.

2. The facts charged in the instant case are crimes 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. Since the victim expressed his/her intent not to prosecute the Defendant to the instant court on August 11, 2015, which was after the instant indictment, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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