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(영문) 전주지방법원 2018.05.11 2017고단2241
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is between the victim C (V, 56 years of age) and the married couple who remarriedd in around 1996.

From December 2, 2016 to January 2017, the Defendant: (a) committed a assault on the victim by her hand while sustaining the head of the victim and assaulting the victim 2 to 3 times with her hand as a result of the sick care between him and her, which resulted in a dispute between his her wife and his her wife at the house of the Defendant’s home located in the North Korean Dose-gun; (b) from around 2016 to around 2017.

On September 21, 2017, at around 21:00, the Defendant: (a) performed physical fighting with the victim, such as taking fat, fat, etc. from the victim’s home room by hand, who is demanded by the victim to repay the loan and prepare a letter; and (b) carried out fat with the victim, and (c) paid fat, and paid fat from the victim.

말하는 것을 핸드폰으로 녹음해 놨다” 는 말을 듣자 피해자의 휴대폰을 빼앗고 양손으로 피해자의 목을 눌러 피해자를 폭행하였다.

2. Each of the above crimes is an offense falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In this regard, it is recognized that the victim expressed his/her wish not to punish the defendant on March 26, 2018, which was after the public prosecution of this case was instituted, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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