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(영문) 서울서부지방법원 2016.08.17 2016고단1974

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. Around June 21, 2016, around 05:50 on June 21, 2016, the Defendant: (a) removed the victim’s upper head debt by breaking the victim’s upper head debt with the right hand on the ground that the victim D (57 years old) of the taxi article on which the Defendant was aboard did not answer the Defendant’s speech; and (b) assault the victim by breaking the victim’s upper head debt with the right hand.

2. The facts charged of the instant case are crimes falling under 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 records, the written agreement stating the victim’s expression of intent not to be punished after the instant indictment was submitted, and it is apparent that the victim has withdrawn his wish to punish the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.