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(영문) 서울동부지방법원 2017.12.21 2017고단3397

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On April 22, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury by the Seoul Northern District Court, and on October 21, 2016, the Defendant completed the execution of the sentence at the Seoul Eastern Detention Center.

On October 5, 2017, at around 01:30, the Defendant assaulted the victim’s neck by drinking in the “D” restaurant operated by the victim C (57) in Gwangjin-gu Seoul Special Metropolitan City (57). The Defendant marbling the victim’s neck by drinking, and breading the victim’s neck.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. On December 12, 2017, after the institution of the instant indictment, the injured party submitted a written agreement indicating his/her wish not to prosecute the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;