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(영문) 전주지방법원 2015.11.10 2015고단969
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. On June 15, 2015, the Defendant, at the time of the Victim C (year 61), was charged with a fine of one million won for assault with the Jeonju District Court.

At around 13:40 on May 15, 2015, the Defendant assaulted the victim at once on the hand floor of the victim’s left face on the ground that the victim does not reach an agreement with respect to the above assault case, and threatened the victim with the victim “pon, spon, spon, spon, and spon, kniff, kniff, knife, kniff, kniff, and kniff, so that the victim might die and knife in the knife.”

2. Of the facts charged of the instant case, the charge of assault is a crime 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. The charge of intimidation is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. According to the records of the instant case, it can be acknowledged that C expressed his/her intent not to have the victim punished after the instant indictment. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6

It is so decided as per Disposition for the above reasons.

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