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(영문) 서울중앙지방법원 2013.10.22 2013고단5063

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that “The Defendant committed assault, around July 9, 2013, such as 02:30, on the ground that “Around July 9, 2013, the Defendant was aware of the room of the victim E (the age of 32) from the Danode room of the Gangnam-gu Seoul Metropolitan Government underground 1st floor to the room used by himself/herself and mistakenly entered the room, making the victim be punished by the victim and the actual ditch, and assaulted the victim by hand once.”

2. The case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the letter of withdrawal of a complaint received by this Court on September 26, 2013, E can be acknowledged as the fact that he/she has withdrawn his/her wish to punish the Defendant on September 26, 2013, after the institution of the instant indictment.

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

It is so decided as per Disposition for the above reasons.