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(영문) 인천지방법원 2015.04.14 2015고정468
폭행
Text

The prosecution of this case is dismissed.

Reasons

On August 15, 2014, at around 19:00 on August 15, 2014, the Defendant assaulted the victim by drinking the victim's face 2 to 3 times from the D drinking house located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, with E and female problems.

Judgment

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 same Act. On April 14, 2015, the victim explicitly expressed his/her intention not to punish the defendant by attending the court as a witness.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the prosecution procedure is invalid in violation of the provisions of law.

It is so decided as per Disposition for the above reasons.

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