beta
(영문) 서울서부지방법원 2013.10.02 2013고정875

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. Around 02:00 on December 17, 2012, the summary of the facts charged is that the Defendant drunkd the victim C(the age of 42) who is delivering milk in the parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and used the victim’s flab to “if the Defendant is going to drive a vehicle on the part of going to and off,” and used the victim’s flab by hand as a flab, and assaulted the victim by drinking flabing the flab.

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 agreement and withdrawal of a complaint attached to the records, the victim may be acknowledged as having expressed his/her wish not to punish the defendant on September 16, 2013, which is after the institution of the instant indictment. Thus, the prosecution in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.