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(영문) 서울서부지방법원 2016.03.04 2015고단2409

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is where the Defendant: (a) around 22:50 on August 31, 2015; (b) around Eunpyeong-gu Seoul; (c) multi-household 402 on the fourth floor; and (c) to the victim D (S) who is the former wife (“S 45 years old”; (d) where the Defendant is in the same way as clothes and bloshes who had been transferred to a domestic prison;

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Accordingly, the defendant assaulted the victim.

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of intent not to be punished after the instant indictment was submitted, and it is apparent that the victim has withdrawn his wish to punish the Defendant.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.