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(영문) 창원지방법원 마산지원 2020.04.07 2019고정374
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 20, 2019, at around 04:10 on August 20, 2019, the Defendant: (a) committed assault against the victim by flaging the victim’s face by flaging the victim’s flag, while she was string the victim’s flag and flag jointly used by the C cafeteria and D cafeteria; and (b) the victim’s face was flaged by flag.

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 explicit intent pursuant to Article 260(3) of the Criminal Act.

However, the victim E expressed his intention that he does not want to be punished by the defendant by attending as a witness on the third trial date of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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