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(영문) 대구지방법원 2017.08.08 2017고단3157
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 6, 2017, the Defendant: (a) committed assault, such as drinking at a restaurant with the trade name, “C” located in Daegu Dong-gu, Daegu-gu, Daegu-gu, on one occasion, at the right part of the victim D, who is an employee; and (b) taking the right part of the victim’s right part by hand.

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 express intent under Article 260(3) of the Criminal Act. According to the written agreement bound in the trial records, the fact that the victim has withdrawn his/her wish to punish the Defendant on July 20, 2017, which is the date of institution of the instant prosecution. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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