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(영문) 인천지방법원 부천지원 2016.08.22 2016고단1267
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 31, 2016, the Defendant: (a) committed assault on the part of the victim E (24) who is a part of the instant convenience store in the process of purchasing can coffee within the “D convenience store” located in the Gyeonggi-do Kimpo-si, Kimpo-si on May 31, 2016 and giving a serial number to receive cash receipt; (b) on the ground that the Defendant talks with the victim E (24 tax) who is a part of the instant convenience store, he/she was in a dispute with the right hand; and (c) assaulted the victim’s chest part with the right hand, such as 1 to 2 smuggling.

2. In light of the judgment, the instant crime falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the same Act. According to the records of the instant case, it can be acknowledged that the victim of August 12, 2016 had withdrawn his/her wish to punish the Defendant. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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