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(영문) 서울남부지방법원 2017.12.20 2017고단1759

폭행

Text

The prosecution of this case is dismissed.

Reasons

On December 29, 2016, at around 16:50 on December 29, 2016, the Defendant abused the victim on the face of the victim D (the age of 72) in the Yangcheon-gu Seoul Metropolitan Government apartment management office room, such as spiting the body, cutting the body over the floor by hand.

However, the facts charged in the instant case constitute a crime 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 agreement submitted to this Court on December 13, 2017, the victim may withdraw his/her wish to punish the defendant after the institution of the instant indictment and recognize the fact that such intent is expressed in this court.

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