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(영문) 부산지방법원 2017.05.31 2017고단1743
폭행
Text

The prosecution of this case is dismissed.

Reasons

On February 10, 2017, the Defendant’s office room in the factory: (a) around 04:40 on February 10, 2017, Busan East-gu C3’D

In this regard, the victim E (25 years old) who is an employee of his/her place of drinking, has been pushed up to the floor, and the face of the victim has been kneeed in a single-time manner.

The reason for dismissing the public prosecution is that the crime of assault and assault stated in 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.

According to the statement of agreement on the preparation of the victim bound in the records, the victim can be recognized as having withdrawn his/her wish to punish the defendant after the prosecution of this case.

Therefore, this case constitutes a case in which a victim withdraws his/her wish to punish against the clearly expressed intent of the victim, and thus, the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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