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(영문) 서울서부지방법원 2017.11.03 2017고정1049
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) around April 18, 2017, the Defendant committed assault against the victim D’s right side side side part of the victim D, walking, walking with an unbrupted b at “C Singing practice hall” located in Seodaemun-gu Seoul Metropolitan Government, Seoul, upon the request of the owner of the business where he was drunk, to assist him.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.

In this regard, according to the statement of the "prestigious sentence" written by D bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 17, 2017, after the institution of the instant indictment.

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

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