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(영문) 서울북부지방법원 2017.10.13 2017고단3756

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On March 7, 2017, at around 11:50, the Defendant, at the time of Seoul Special Metropolitan City Nowon-gu Nowon-gu Nowon-gu Nowon-gu, 440, finished the towing line on the first floor of the church 1st century, and the victim B was no more than the victim B’s name memory, and the victim’s objection was made on the ground that the Defendant made the statement against himself.

Therefore, the defendant took the damaged person into the infant room, and pushed the injured person into the flasium with the flasium, caused the injured person to be faced with the partitions in the flasium.

2. The above facts charged constitute 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 statement of the statement of non-prosecution of punishment, the victim expressed his/her intention not to be subject to criminal punishment against the defendant in this court on August 14, 2017, which is after the prosecution of this case.

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's explicit intent, the declaration of intent to punish is withdrawn, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.