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(영문) 서울동부지방법원 2013.09.12 2013고정1987
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is Defendant A ( South and North years of age) who works as a public worker.

On July 11, 2013, around 16:50 on July 11, 2013, the Defendant found the shopping complex “C Apartment” 7 shopping complex 106, Gangdong-gu Seoul Metropolitan Government 106, and ordered the beer by drinking in the E-ju store operated by the victim D (the age of 49). However, the Defendant: (a) stated that the victim would be aware of a certain amount of alcoholic beverage at the home, and thus, (b) carried out a beer and string the alcoholic beverage.

The victim assaulted the victim by walking at one time the victim's right right hacks due to a sudden failure to receive the order.

2. As to the above facts charged, it cannot be prosecuted against the victim's explicit intent under Article 260 (1) of the Criminal Act. According to the records, the victim can be acknowledged that he/she submitted a written agreement to the effect that the defendant and the defendant would not be punished after institution of the prosecution of this case. Thus, the victim's expression of wish not to prosecute a case which cannot be prosecuted against the victim's explicit intent or the declaration of wish to punish is withdrawn. Thus, the prosecution is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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