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(영문) 서울남부지방법원 2017.08.04 2017고단2115

폭행

Text

The prosecution of this case is dismissed.

Reasons

The Defendant: (a) around 23:50 on April 18, 2017, the Defendant: (b) was boarding a D taxi operated by the victim C (48 years of age) at the seat of the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for a destination and was moving to a destination; (c) the Defendant provided anti-end and bathing to the victim; (d) the victim arrived at the destination; and (e) the Defendant did not take a bath after the victim arrived at the destination.

In the end, the victim was assaulted on the part of the victim who was in possession of him.

Judgment

The facts charged in the instant case constitute 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the agreement submitted to this Court on August 1, 2017, the victim, after the institution of the instant prosecution, withdrawn his/her wish to punish the defendant and recognized the fact that such intent was expressed in this court.

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