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(영문) 서울북부지방법원 2017.01.11 2016고단5023

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 16:00 on October 23, 2016, committed assault by the victim D (20 years), who is a security personnel, while trying to board an elevator going to a race track without access from the first floor of the Korea Mar Society C Branch in Seoul, Korea, and having the victim go against the elevator door by pushing the victim's chest.

2. The above facts charged constitute 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 written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant in this court on November 28, 2016, after the prosecution of this case.

Therefore, the above facts charged constitute a case which cannot be prosecuted against the victim’s explicit intent, and thus, the case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.