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(영문) 인천지방법원 2013.11.28 2013고단6010
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is around 07:50 on August 25, 2013, the Defendant used the victim D(29 years of age) who was under the influence of alcohol in front of the cafeteria “C” restaurant located in Nam-gu Incheon Metropolitan City, Seoul, and used the victim D(29 years of age) who was passing ahead of the said restaurant without any particular reason. The Defendant used the victim’s knife at a hand-to-face when the victim’s knife cane knife and knife the victim’s knife.

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 the records, on November 19, 2013, after the institution of the instant indictment, the victim submitted an application for non-prosecution to punish the Defendant, which expressed the victim’s intention not to punish the Defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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