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(영문) 대구지방법원 2015.01.29 2014고정2475
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, on September 15, 2014, was running with D vehicles operated by the victim C(34 years of age) in the direction of the State-friendly tunnel located in Daegu Northern-dong on September 15, 2014, in the direction of the Gu residents’ playgrounds.

The Defendant followed the victim's right at a higher speed than himself, thereby proceeding again in the future, followed by the victim's vehicle. The Defendant followed and operated the barc in front of the victim's vehicle.

At that time, the victim C was set up in front of the victim’s vehicle in the discharge section from the rear to the glag, and the victim was sounded as the victim’s vehicle with the victim’s vehicle, “Is the flag’s death”, “Is the flag’s bath, and Is the vehicle from the vehicle.”

The Defendant: (a) performed the foregoing time-off at a certain place, and (b) carried the victim C’s body by hand with a defect in the report of a mobile phone, and (c) threatened the victim C with a face of a cigarette fright in his hand on the ground that he did not turn on his own car.

Accordingly, the defendant assaulted the victim C.

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 express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to prosecute on January 22, 2015, which was the date the instant prosecution was instituted, the instant prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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