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(영문) 서울서부지방법원 2015.06.05 2015고단992

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On January 11, 2015, the summary of the facts charged: (a) around 03:20 on the street in Mapo-gu Seoul, Mapo-gu; and (b) on the ground that the Defendant’s act was fright behind the taxi at which the victim D stops, the Defendant committed assault against the victim at a time when the victim was pushed down with batf, batd and fatd with fat, and fatd with the face of the victim once.

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, it is obvious that the victim withdraws his wish to punish the Defendant by submitting a written application for non-prosecution of punishment stating the victim’s expression of intent after the instant indictment was instituted. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.