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(영문) 서울서부지방법원 2017.12.15 2017고단2932

폭행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant assaulted against the victim C’s face face in front of the exit-gu park of Eunpyeong-gu, Seoul on August 23, 2017, at around 20:30, on the joint signature of Eunpyeong-gu, Seoul at around 20:30.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.

In this case, according to the written agreement submitted by C through his defense counsel after attending the second trial date of this case, the victim can be acknowledged as the fact that C withdraws his/her wish to punish the defendant on December 15, 2017, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.