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(영문) 수원지방법원 안산지원 2013.08.13 2013고정877
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the husband and wife married with the victim C on October 30, 2008, and the victim D is the victim's children.

Around 02:50 on February 9, 2013, the Defendant did not open the front door for the reason that the victim C had returned late without contact. The victim D opened the front door so that the victim D could enter the front door and walk up one time, walking a half of the right side of the victim C at one time, walking off the front part of the victim C's right side, kid up the head, kid up the head, and kid up the head, etc. The victim D can take the front part, such as the horse's woman, and walk up one time, walking the front part, and kid up one time by hand.

2. 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 Criminal Act. According to a written agreement bound in the trial records, C and D, the victim, withdrawn his/her wish to punish the Defendant on July 5, 2013, which was after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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