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(영문) 서울북부지방법원 2019.03.28 2019고정126
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 16:00 on September 9, 2018, the Defendant committed assault, such as, without any justifiable reason, the Defendant: (a) Myeonk-ro, 407 Myeonkdong-gu, Seoul, and Myeonkdong-gu, and (b) knicked the victim under the victim B (the age of 55); (c) tightly pushed the victim on a stage of the plaza; and (d) tight down the victim who was seated above the plaza with his hand.

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 Criminal Act. The victim submitted a written application for a non-prosecution of punishment to the effect that “the victim does not want punishment against the defendant” to this court on March 25, 2019, which was after the instant indictment was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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