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(영문) 인천지방법원 2013.10.18 2013고정2937
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 5, 2013, at around 21:30, the Defendant: (a) on the bicycle on the bicycle road located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) on the ground that the victim D (the age of 44, female) who was walking ahead of the bicycle while getting on and off a bicycle, did not cause damage to the roadside; (c) on the ground that he was making a sudden stop due to the fact that he did not cause damage to the edge of the road; (d) on the ground that he was making a dispute, and on the ground that he did not cause damage to the road, and caused a sudden stop, the Defendant carried the victim’s two arms on the part of the said victim, on the ground that he did not explain the situation before the police officer dispatched after receiving a report.

2. The facts charged in the instant case are crimes 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. According to the written agreement, the victim D withdraws his/her wish to punish the Defendant on October 11, 2013, which is after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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