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(영문) 대전지방법원 2013.04.22 2012고정2568
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 11:00 on July 31, 2012, the Defendant assaulted the victim’s bat, face, and walking the victim’s body by spiting the bat around the bat around the face of the victim, while having been in dispute with the victim’s B (58 years of age) and the traffic accident.

2. We examine the judgment. The above facts charged 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 According to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after the indictment of this case. Thus, the prosecution against the defendant is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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