beta
(영문) 서울동부지방법원 2016.03.08 2015고정1873

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: around August 28, 2015, around 23:35, the Defendant: (a) followed a D cafeteria located in Gangdong-gu Seoul Metropolitan Government, and the Victim E (V, 16 years of age) was able to gather the victim with the Defendant’s vehicle; and (b) the Defendant refused the request by the victim E (V, 16 years of age) to leave the victim’s house; and (c) the Defendant refused it

“In the end, assaulted the victim’s right side at one time on the part of the victim with continuing bullying or hand.”

2. We examine the judgment. The case is a crime 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 According to the written agreement bound in the trial records of this case, the victim can be found to have withdrawn his/her wish to punish the defendant on January 19, 2016, which is after the prosecution of this case.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.