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(영문) 서울남부지방법원 2015.02.12 2015고단9

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. At around 15:00 on September 8, 2014, the Defendant: (a) committed a dispute with the victim D(53 years of age) and the street store at the Geumcheon District Office of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) took a bath for the victim; and (c) boomed the breath and flap with the blaps around the victim, etc.

2. The judgment is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Code. According to the non-guilty opinion (the written agreement not to punish) written in the trial record, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on December 8, 2014, which is after the prosecution of this case was instituted (the body of the above written document states that "I will consider to be the party in favor of him/her if he/she gets sentenced to punishment" at the end of the above written document, but it is sufficient to view that the title of the written document is "unPunishmentd opinion", and that the whole content of the written document was agreed with with the defendant and it is sufficient to consider that the written indictment of this case was an expression of intention not to punish him/her).