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(영문) 전주지방법원 남원지원 2020.03.31 2020고단23
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a general official of the “C” merchants’ association in South Won-si, who is in charge of the instant facts charged, committed assault against the victim D ( South, 44 years old) who performs irregular funeral services in the above market on August 9, 2019, without registering the night market, on the part of the victim D (ma, 44 years old) who performs irregular funeral services in the above market, without registering the night market. However, the Defendant, whenever the night market is to be located, she was off, she was off, she was off, she was off, and she was off, and she was off, she was under the victim’s desire and go through the Defendant. However, the Defendant committed assault against the victim with his/her right side by her finger-man, etc. one time.

2. The crime of assaulting the facts charged in the instant case is a crime 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.

However, according to the written agreement submitted to this court on September 2, 2019, which was after the claim for the summary order of this case, the victim expressed his/her intention not to be punished against the defendant.

Thus, the facts charged of the instant case constitutes a case where the victim withdraws his/her wish to punish a case which cannot be prosecuted against the victim’s clearly expressed intent.

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

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