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(영문) 서울남부지방법원 2013.05.07 2013고단1091

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On January 30, 2013, the Defendant, at around 22:30, assaulted the victim C (son and 37 years of age) who was an agent in front of the Guro-gu Seoul Metropolitan Government B Hospital, in the direction of the Defendant’s demand while driving the Defendant’s car, on the following grounds: (a) bucks on the left side of the victim one time; and (b) bucks on one occasion by drinking.

2. In light of the judgment, it 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 application for non-prosecution for the preparation of the victim C, the above victim may be acknowledged as having withdrawn his/her wish to punish the defendant on February 18, 2013, which is after the prosecution of this case.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.