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(영문) 서울동부지방법원 2014.09.24 2014고단1935

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On May 10, 2014, the Defendant assaulted the victim’s face by drinking alone on the ground that the victim C(21 years of age) who was a her birth at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, told the Defendant to divorce against the Defendant’s wife.

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 certificate of agreement submitted on September 1, 2014, 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.