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(영문) 광주지방법원 순천지원 2017.12.13 2017고단2480
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 21, 2017, the Defendant, at around 01:05, went through a place before C convenience stores located in W, and is dissatisfied with the victim D (25 years old)’s friendship and the conduct of his/her work, and that he/she is well aware of the content that he/she contests with the victim.

During the dispute over the victim's remarks, the victim had a hump to himself/herself, and had two cans that he/she had on his/her own hand in response to this, and assaulted the victim.

2. Since the above facts charged constitute a crime falling under Article 260(1) of the Criminal Act, a public prosecution cannot be instituted against the clearly expressed intent of the victim pursuant to Article 260(3) of the Criminal Act.

In such a case, the written withdrawal of the complaint that “the victim D does not want the punishment of the defendant” was submitted to this court on November 7, 2017, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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