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(영문) 대전지방법원 2018.06.08 2017고정373
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant found at a health club that he works in Daejeon-gu, Daejeon-gu, about 12:50 on August 16, 2016 to the victim D (n, 33 years old) who was found as an issue of electronic tobacco payment.

While getting off an elevator and avoiding its location, the victim tried to divide the elevator from the outside of the elevator to prevent the door from being closed, and the victim's "brupted with the inside of the victim" and the victim faced with the inside of the victim's face and faced with the elevator door at the same place.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 10, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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