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(영문) 서울북부지방법원 2020.09.25 2020고단2425

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the victim B (V, 45 years old) and the husband and wife relationship.

On May 31, 2020, at around 13:05, the Defendant, at the front side of Dongdaemun-gu Seoul Metropolitan Government, had a dispute about divorce or division of property with the victim, and caused the victim to face two times due to his left hand, and walking the part of the victim's bridge due to sloping, and assaulting the victim by taking the part of the victim's face due to the defect that the victim intends to walk the defendant due to sloping, and by taking the part of the victim's face one time due to sloping hand, the victim's face was pushed.

2. The facts charged in 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, the victim can be acknowledged that he/she consented to the Defendant after the instant indictment and expressed his/her intent not to have the Defendant punished. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure