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(영문) 서울남부지방법원 2015.01.12 2014고단4857
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 03:00 on September 20, 2014, the Defendant: (a) committed assaulting the victim’s head at a time on the ground that the victim B, who was walking along a new fire-fighting station No. 2 in the Gangseo-gu Seoul Fire-Fighting Zone, was the victim’s head on the ground that the victim B was the victim himself/herself; and (b) assaulted the victim by walking his/her left arms on one occasion.

2. The facts charged in the instant case are crimes 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 written agreement on the preparation of the victim B, the victim may recognize the fact that he/she withdraws his/her wish to punish the defendant on November 24, 2014, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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