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(영문) 서울북부지방법원 2019.08.23 2019고단2407

폭행

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) around 04:05 on March 4, 2019, the Defendant requested the Defendant to verify CCTV in order to find out cash lost by the victim D (the age of 48) from the “C” operated by himself/herself on the 1st underground of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, on the ground that he/she requested the Defendant to verify CCTV; (b) he/she pushed the victim’s chest on his/her hand; and (c) he/she assaults the victim’s left

However, the crime of this case cannot be prosecuted against the clearly expressed will of the victim under Article 260(3) and (1) of the Criminal Act. According to the records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution against the defendant is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.