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(영문) 서울동부지방법원 2016.01.29 2016고정8

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On October 16, 2015, the Defendant, within 301, the building B of Gangdong-gu Seoul Metropolitan Government around 07:00, who was living together with the Defendant and was working as an employee at the drinking house (the age of 25) and was in dispute with the victim C (the age of 25) who was living together with the Defendant and was living as an employee, committed assault against the victim, such as the victim’s buck and chest, etc., on a drinking time, even though the police officer who continued to have been dispatched upon receiving a report, even though the police officer was expelled, the Defendant committed assault against the victim, such as the victim’s car once from the street in front of the said residence.

2. We examine the judgment. The facts charged of this 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. The victim can recognize the fact that he/she withdraws his/her wish to punish the defendant to this court on January 29, 2016, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.