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(영문) 서울동부지방법원 2013.10.30 2013고정2145

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On July 13, 2013, the Defendant of the instant facts charged: (a) around 23:35, the victim E (the 54 years old and south) who driven a taxi while drunk in front of Seongdong-gu Seoul, and dialogueed with D, the husband of the Defendant, was sounded.

Accordingly, the defendant taken twice the face of the victim by drinking, and took one time the head of the victim.

Accordingly, the defendant assaulted the victim.

2. The facts charged in 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. Since the victim expressed his/her intent not to prosecute the defendant after the instant indictment was instituted, the instant prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.