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(영문) 의정부지방법원 고양지원 2018.03.21 2018고단234
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 28, 2017, the Defendant owned BM5 vehicles, who had the victim C ( South, 39 years of age) drive the said SM5 vehicle on behalf of the Defendant, around 18:05.

At the top of the "E" restaurant located in Pakistan-si, Gyeonggi-do at the above temporary closure, the Defendant assaulted the victim by putting the part of the victim who sited in the above SM5 driver's seat into his hand and putting the face part of the victim into his hand at one time, on the ground that the victim does not drive in accordance with the direction of the Defendant.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 260(3) of the Criminal Act.

However, according to the agreement submitted after the prosecution of this case was instituted, it can be recognized that the victim expressed his/her intention not to have the defendant punished. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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