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(영문) 서울북부지방법원 2016.07.15 2015고단4210

상해

Text

The prosecution against the defendant is dismissed.

Reasons

1. On June 6, 015, around 03:00, the Defendant assaulted the victim, i.e., the victim’s face at hand and the victim’s body by hand, on the ground that the Defendant took part in the dispute between the victim F (18 years of age)-friendly G and the female-friendly Gu of G, in Seoul Special Metropolitan City, Nowon-gu, and the victim’s sexual intercourse.

2. The above facts charged constitute 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 written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on July 12, 2016, which is after the prosecution of this case.

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's explicit intent, the defendant's indictment against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.