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(영문) 서울서부지방법원 2016.10.26 2016고단2739
폭행
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On May 1, 2016, Defendant A, while driving a car on the front road of Eunpyeong-gu Seoul Metropolitan Government (24 years of age) at around 23:50 on May 1, 2016, the Defendant assaulted the victim, such as the victim B (24 years of age) and his/her female-friendly job D, who can face on the road in order to get a taxi, and he/she is obvious that he/she may face with the victim in order to get a taxi, and he/she has a dispute with the victim.

B. Defendant B committed assaulting the victim on the same grounds as that set forth in the preceding paragraph at the same time and place as that set forth in the preceding paragraph, where the dispute was brought with the victim A (37 years of age), he satisfyed with the victim out of the car, and satisfyed the victim’s face, satisfying the victim’s body, satching the victim’s body by hand, satfing his bat, sat

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 same Act. According to the records, each agreement and withdrawal of complaint stating the victim’s expression of intent not to be punished against the Defendants on June 7, 2016, which is after the prosecution of the instant case, are submitted, and it is apparent that the victims have withdrawn their wish to punish the Defendants. Thus, the prosecution of the instant case against the Defendants is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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