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(영문) 서울남부지방법원 2019.03.20 2018고단6345
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 24, 2018, around 04:40, the Defendant committed assault in front of Geumcheon-gu Seoul Metropolitan Government, on the roads located in Geumcheon-gu, Geumcheon-gu, Seoul. On the grounds that the victim D, a taxi driver aboard the Defendant was not in operation in compliance with the Defendant’s instructions, the Defendant committed assault in a way that the victim D, who was a taxi driver aboard the taxi, was able to drive the taxi along with the victim four times by getting off the taxi along with the victim and pushed off the victim’s chest once.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the written agreement indicating the victim’s intention not to be punished was submitted to the court on March 18, 2019, which was subsequent to the institution of the instant prosecution, the instant indictment was dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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