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(영문) 서울동부지방법원 2014.01.15 2013고정1209
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, on March 20, 2013, at the street in Gwangjin-gu Seoul Special Metropolitan City around 01:35, reported to the police the illegal act of driving of D vehicles on behalf of the Defendant, and led to dispute with E who driven the said vehicle on a street with the Defendant’s vehicle.

At this time, the victim F (the age of 49) who was on board the above E vehicle did not say that the victim F (the age of 49) "is at risk of driving" to the defendant, and the defendant assaulted the victim's face by her hand at one time.

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. Since the victim expressed his/her intent not to prosecute the defendant after the instant indictment was instituted, the instant prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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