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(영문) 부산지방법원 동부지원 2016.09.30 2016고정884
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 25, 2016, around 21:14, the Defendant: (a) parked a vehicle in the first floor parking lot of the C Hospital located in Busan Shipping Daegu, Busan; and (b) opened a door immediately next to the vehicle of the victim D (Influence, 37 years old) who was parked in the front of the vehicle; and (c) caused a dispute with one another, the Defendant assaulted the victim by his/her hand, etc. against the victim’s fluence.

2. The case is a crime 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. The victim expressed his/her intent to withdraw his/her wish to punish the defendant upon the formation of mediation at the mediation date on July 19, 2016, and the fact that the mediation protocol was submitted to this court is obvious in this court. Thus, the prosecution against the defendant is dismissed under Article 327(6) of the Criminal Procedure Act.

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