beta
(영문) 서울북부지방법원 2016.10.19 2016고단3105

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On May 1, 2016, the Defendant: (a) committed assault, such as taking the part of the victim’s arms at the time of their arrival at the police station in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; and (b) taking part in a taxi operated by the victim C (the age of 65) on the part of the victim, and taking part in the taxi in the operation of the victim C (the age of 65); (c) taking part in a trial with the victim as a matter of viewing that the behavior of the Defendant took part in the police station; and (d) taking part in the police station as a matter of viewing that the behavior of the victim took part in the train; and

2. The facts charged above are those falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim pursuant to Article 260(3) of the Criminal Act.

According to the written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on October 11, 2016, which is after the prosecution of this case.

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's clearly expressed intent, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.