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(영문) 서울서부지방법원 2014.05.20 2014고단749

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On February 23, 2014, around 11:30, the Defendant: (a) visited the victim’s house on the front side of Yongsan-gu Seoul Metropolitan Government apartment complex B; (b) on the ground that C, a father of C, was found to have been able to escape, and then filed a report with the police on the ground that C, a father of C, was found to have been able to escape; and (c) assaulted the victim’s face on two occasions on the top of the defective floor so that C, a father of C, could not escape.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. The victim submitted an agreement with the victim on March 19, 2014, which was the date of institution of the prosecution, with the intention of not issuing punishment for the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.