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(영문) 서울남부지방법원 2017.06.01 2017고단1416

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On February 9, 2017, the Defendant assaulted the victim’s flaps, face, etc. on the ground that he exceeded the business territory of the victim B (62) of taxi drivers (62) and does not have any game mountain, as required by the Defendant, from the front side of the Korea-Japan University at the Guro-gu Seoul High School, Guro-gu, Seoul, 290-42.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, on March 7, 2017, which was after the institution of the instant indictment, the fact that the written withdrawal of the complaint stating the victim’s expression of intent to withdraw the Defendant’s punishment was submitted can be acknowledged. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.