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(영문) 서울동부지방법원 2014.12.03 2014고단3263

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. At around 01:30 on September 23, 2014, the Defendant assaulted the victim C(the age of 49)’s left face face who was waiting for a substitute driver without any reason under the influence of alcohol in front of Gwangjin-gu Seoul Special Metropolitan City on two occasions in his/her hand.

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 November 25, 2014, which was after the institution of the instant prosecution, it can be acknowledged that the victim expressed his/her intention not to be punished. Thus, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.