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(영문) 서울동부지방법원 2015.01.21 2014고단3518

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On November 16, 2014, at around 03:07, the Defendant: (a) committed a conflict with the victim D (the age of 45) with parking at the Defendant’s house parking lot in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) assaulted the victim’s bomb with the victim’s breath hand on one occasion.

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 explicit intent under Article 260(3) of the Criminal Act.

However, according to the agreement submitted on January 19, 2015, which was after the prosecution of this case was instituted, it can be recognized that the victim expressed his/her intention not to be punished. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.