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(영문) 서울남부지방법원 2018.05.30 2017고단2619
폭행
Text

The prosecution of this case is dismissed.

Reasons

On April 14, 2017, at around 02:37, the Defendant assaulted the victim’s neck by drinking off from the alcohol house called “D” operated by the victim C (63 tax) located on the first floor of the Guro-gu Seoul Metropolitan Government building B, with the influence of “D”.

Judgment

The facts charged of this case are crimes falling under Article 260 (1) of the Criminal Act, and according to Article 260 (3) of the Criminal Act, a public prosecution cannot be instituted against the clearly expressed will of the victim.

However, according to the agreement submitted by the defendant to this court on May 17, 2017, the defendant can recognize the fact that the victim withdraws his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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