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(영문) 대구지방법원 안동지원 2017.11.21 2017고단613
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On September 9, 2017, the Defendant assaulted the victim over the floor by putting him/her on the front day of the C main points located in Ansan-si B, Andong-si, B, on the ground that he/she found the victim D (31 years old) to be the Defendant. On the ground of drinking, the Defendant assaulted the victim by putting him/her on the floor when he/she was clicked on one occasion.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the written agreement bound in the trial records of the instant case, the victim expressed his/her intention not to be punished on October 20, 2017, which is the date of the instant indictment.

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

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