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(영문) 부산지방법원 동부지원 2014.04.23 2014고단349
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: (a) around 01:00 on December 28, 2013, the Defendant committed assault against the victim, such as the victim’s head and arms, etc., on the ground that the Defendant borrowed the amount equivalent to KRW 2,00,000 per day to the victim E (Nam and 40 years old), but the victim was able to pay 60,000 won per day without complying with the repayment promise.

However, this is a crime falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim can be acknowledged as having withdrawn his/her wish to punish the defendant on January 24, 2014, which is after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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