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(영문) 서울동부지방법원 2021.03.25 2021고정150
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged shows that at around 20:00 on November 17, 2020, the Defendant: (a) at the “C” store operated by the Defendant on the 1st underground floor in Songpa-gu Seoul, Songpa-gu, Seoul, the electronic tobacco purchased before is not charged; and (b) the victim D (29 taxes) who found that the electronic tobacco purchased before is not charged is not charged with the Plaintiff by tending to surbling it; (c) however, there may arise any problem in the process of use in the future; (d) the victim may demand an exchange with other electronic tobacco; (e) the victim is required to exchange it with another electronic tobacco; and (e) the victim and the victim were fluened with the victim by shing the victim’s chest by surbling it twice.”

2. The instant case is an offense 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.

In this regard, the victim submitted a written agreement on February 26, 2021, which contains an expression of intent that he/she does not want to be punished against the defendant, after the prosecution of this case was instituted, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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