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(영문) 수원지방법원 2019.11.22 2019고단5644
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant and the victim B (the age of 22) of the instant facts charged are creative relations.

Around 03:00 on March 31, 2019, the Defendant heard the horses that “the Defendant is not a victim’s desire to take part in ordinary friendships,” and assaulted the Defendant at one time at his hand by taking advantage of the victim’s knives.

2. According to Article 260(1) and (3) of the Criminal Act, a crime of assault cannot be prosecuted against the victim’s express intent.

However, according to the records, it can be recognized that the victim expressed his/her intention not to prosecute the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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