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(영문) 서울북부지방법원 2016.07.05 2016고단2059
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 23, 2016, the Defendant: (a) boarded a taxi driven by the victim B (49 years of age) at an insular place; and (b) was on the front road of the Dong-ro 105-ro 105-ro, Gangnam-gu, Seoul; and (c) was on the front road of the Dong-ro apartment complex, Gangnam-gu, Seoul.

In doing so, without any reason, the victim expressed that “this son, N. N. I. I. I.)” to the victim, and used the victim’s shoulder by drinking, cut the victim’s timber by selling, and assaulted him by her with her head debt.

2. The offense of assault against the victim is an offense falling under Article 260(1) of the Criminal Act; and the offense of assault may not be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

Since the victim expressed his/her intention not to be punished against the defendant after filing the prosecution of this case, the prosecution against assault is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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