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(영문) 광주지방법원 2015.05.20 2015고정387
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 20, 2014, the summary of the facts charged: (a) around 13:15, the Defendant assaulted the victim’s neck by her hand on the ground that the victim, who was under the influence of alcohol, said that the victim would come from the beauty room, was able to say that he would come from the beauty room.

2. The above facts charged are the crimes 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.

Witness

D According to D’s legal statement, the victim D appears as a witness on the third trial date of this case and testified and expressed his wish not to punish the defendant.

Therefore, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the above indictment constitutes a case in which a victim’s express wish not to prosecute a case that cannot be prosecuted against the victim’s express wish.

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