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(영문) 서울서부지방법원 2018.01.31 2018고정34

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. Around 01:00 on June 4, 2017, the Defendant, while moving the victim D (29 years of age) from the 1st underground floor in Yongsan-gu Seoul, Yongsan-gu, Seoul, at around 01:0, raised the victim’s shoulder and face one time with the victim’s shoulder.

Accordingly, the defendant committed assault against the victim.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the same Act (a written withdrawal of a complaint containing the victim's intention not to punish the victim after the institution of the case