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(영문) 서울북부지방법원 2019.02.13 2018고단4074
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 04:50 on September 21, 2018, the Defendant expressed a desire to the victim D(the age of 53) who had provided meals at a “C cafeteria” located in the Seoul Western-gu Seoul Metropolitan Government, without any reason, and resisted by the victim. The Defendant, while fighting with the victim in a horse dispute with the victim, she gets his/her arms and sold one another, she saw the victim’s left eye on one occasion due to his/her finger, and assaulted the victim’s face level on one occasion at the front of the said cafeteria.

2. In light of the judgment, the above crime 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.

However, on January 31, 2019, after the prosecution of this case was instituted, the victim expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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