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(영문) 서울중앙지방법원 2014.11.13 2014고정4372

폭행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that the defendant at around 00:45 on August 5, 2014, the victim C(22 years of age) at the front of Gwanak-gu, Seoul Special Metropolitan City, expressed a defect in the defendant's vehicle in which the victim C took a warning, and assaulted the victim by taking the head of the victim.

However, this is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. According to the statement of "written application for no punishment" filed in the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on November 5, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.