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(영문) 대전지방법원 2013.09.24 2012고단3348 (1)
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that the defendant is an employee of the "D" restaurant operated by the victim C, and on March 1, 2012, at around 20:50, he resisted against the victim about usual complaints in the above restaurant located in Daejeon Seo-gu E, Daejeon, the victim was assaulting the victim by scambling the victim's scam at hand and pushing the victim's scam at a time, and scambling it over the floor. This 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. According to the statement in the application for non-prosecution of punishment bound in the trial record, the victim can be found to have withdrawn his wish to punish the defendant after filing the prosecution in this case. Thus, the prosecution is dismissed pursuant to Article 327 (6) of the Criminal Procedure

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