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(영문) 서울남부지방법원 2018.05.30 2017고단5857

폭행

Text

The prosecution of this case is dismissed.

Reasons

On November 12, 2017, at around 15:50 on November 15, 2017, the Defendant assaulted the victim’s head debt while drinking alcohol together with the victim C (the age of 56) in the underground room located in Geumcheon-gu Seoul Metropolitan Government, such as drinking the victim’s head debt, drinking the head of the victim’s body, spreading the beer, etc.

Judgment

The facts charged of this case are crimes falling under Article 260 (1) of the Criminal Act, and according to Article 260 (3) of the Criminal Act, a public prosecution cannot be instituted against the clearly expressed will of the victim.

However, according to the agreement submitted by the Defendant to this court on May 4, 2018, the Defendant may recognize the fact that the victim withdraws his/her wish to punish the Defendant on May 3, 2018, after the institution of the instant indictment. As such, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.