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(영문) 서울남부지방법원 2017.01.19 2016고단4300
폭행
Text

The prosecution of this case is dismissed.

Reasons

Around August 5, 2016, the summary of the facts charged in the instant case is as follows: (a) around C convenience stores located in Gangseo-gu Seoul Metropolitan Government on August 5, 2016; (b) around C convenience stores, the Defendant, under the influence of alcohol, reported the appearance of the Defendant, which goes beyond the floor of the victim D (27 Does). In this regard, the Defendant committed assault on the victim’s right side with the hand floor by making a blicking the victim’s bream.

The "Act" is the same.

The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. The victim of the instant case is acknowledged as having expressed his/her intent not to prosecute the defendant by attending the court on the date of the fourth public trial. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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