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(영문) 광주지방법원 순천지원 2017.11.08 2017고단1346
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 9, 2017, the Defendant: (a) entered the family back dry field of the Victim C (53 tax) who is a son in the old Gun B on March 18:30, 2017; and (b) entered the family back of the victim’s house through the back of the victim’s house; and (c) left the family back to the victim’s return.

The Defendant continued to set up a booming clause against the victim, while going through the victim's house gate, tried to put his hand into the victim's boom, which was followed by the victim's boom.

Accordingly, the defendant assaulted the victim.

2. Since the above facts charged constitute a crime falling under Article 260(1) of the Criminal Act, a public prosecution cannot be instituted against the clearly expressed intent of the victim pursuant to Article 260(3) of the Criminal Act.

In this regard, the victim C submitted a written withdrawal of the complaint to this court on May 31, 2017, which was after the prosecution of this case. 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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