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(영문) 서울중앙지방법원 2020.09.17 2019고정2561
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who works as a technician of heavy equipment and the victim B (the South and the age of 51) is a person who works in a amusement room, and the victim B (the age of 51) is a person who serves in a entertainment room, such as

around 22:00 on August 18, 2018, the Defendant, at the front of Gwanak-gu, Seoul Special Metropolitan City D, had a dispute over C and alcohol value calculation, and the Defendant’s horses to C were also about the victim.

As above, the Defendant assaulted the victim by cutting down the victim’s bat, drawing him bat, allowing him to go beyond the floor, etc.

2. The judgment is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. According to the investigation report (the cancellation of the complaint B and the confirmation of the intention not to punish the defendant) bound in the trial records of this case, the victim revoked the complaint against the defendant on August 25, 202 after the prosecution of this case and withdrawn his wish to punish the defendant.

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

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