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(영문) 서울중앙지방법원 2018.03.28 2017고정2366
폭행
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. Facts charged;

A. On May 11, 2017, Defendant A, at a small room located in Gangnam-gu Seoul, a husband of the victim B (56 years old), who was living together with Defendant A, committed assault against the victim several times on the victim’s chests due to the fact that the victim was living together with the victim B (56 years old) who was the husband in Gangnam-gu Seoul, on the ground that the victim was living together with the Defendant’s clothes, and was living together with the Defendant on the ground that the Defendant was living together with the Defendant’s clothes.

B. Defendant B, at the time, and at the place described in the paragraph A, abused the victim’s chest with the two descendants during the time of trial as described in the paragraph A with the victim A (the 57 years of age) who was denied.

2. Determination

A. Defendant A’s charge is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the records, the victim B expressed his/her wish not to punish the Defendant in this court on March 28, 2018, after the institution of the instant indictment, so the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

B. Defendant B’s charge is a crime 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. According to the records, the victim A expressed his/her wish not to punish the Defendant in this court after the prosecution of this case was instituted. Thus, the prosecution of this case 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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