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(영문) 서울북부지방법원 2016.09.22 2016고단1939

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On April 11, 2016, around 16:00, the Defendant reported that the victim C (50 years of age) did a dispute with another person in the vicinity of the “Seoul Special Metropolitan City Nowon-gu apartment complex 1 complex 1,01, and that the victim C (50 years of age) went beyond the floor of the road by making the victim’s face one time with his hand, making the victim’s face one time, making the part of the victim’s audience play 2:3 times with drinking, and continuously making the victim go beyond the floor by making the part of the victim’s audience play 4 times by drinking.

Accordingly, the defendant assaulted the victim.

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, it is recognized that the victim expressed his/her intent not to be punished for the Defendant on July 5, 2016, which was after the prosecution of the instant case was instituted. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.