beta
(영문) 서울동부지방법원 2018.04.20 2018고단437

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who is legally married with the victim C (V, 45 years old).

On February 5, 2018, the Defendant, around 21:30 on February 5, 2018, was living together with the victim in Gwangjin-gu Seoul Special Metropolitan City, for the reason that the victim drinking alcohol and drinking it out at the place of living with the victim, and, on the ground that the Defendant, the Defendant: (a) made the victim drinking, and (b) made the drinking; (c) whether the Defendant, “I am the afterma

“Along with the victim’s face, the victim was fluent by drinking, and the victim was fluored with the victim’s face, and the victim was fluored with the victim’s face fluoring part of a color less than the part of the victim’s fluoring fluor who was suffering from the victim’s escape by hand, once again fluoring the victim’s face fluoring, and the victim’s head fluor and fluoring fluor to escape from the defendant by hand, leading the victim by hand, and assaulted the victim.

2. The crime described in the facts charged of the instant case is a crime 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.

However, according to the statement of withdrawal of a complaint submitted by the victim C on April 2, 2018, which was bound to the trial records of this case, the victim may recognize the fact that the defendant expressed his/her intention not to punish him/her on April 2, 2018, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.