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(영문) 광주지방법원 2019.11.28 2019고단4477
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 19, 2019, the Defendant committed assault on the part of the victim, i.e., the victim D(26 years of age) in Cmatet located in Gwangju-dong-gu, Gwangju-gu, on the ground that the victim D(26 years of age) was “if she takes alcohol, she would do so.”

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However, according to the agreement submitted by the defendant to this court on November 7, 2019, the victim withdrawn his/her wish to punish the defendant after the prosecution of this case.

Thus, this case is a case where the expression of intent to punish a case which cannot be prosecuted against the clearly expressed will of the victim is withdrawn.

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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