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(영문) 서울북부지방법원 2018.07.12 2018고단860
존속폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a major child of the Victim C (91).

On December 2, 2016, around 10:00, the Defendant tried to take care of the victim’s residence in Gangnam-gu Seoul Metropolitan Government D, but, on the ground that the victim refuses to take care of the victim, the Defendant did not go beyond the floor by pushing the victim’s body.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

2. The facts charged in the instant case are crimes falling under Article 260(2) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the record of reconciliation in the names of victims C, which was received on March 12, 2018 in this court, the victim C expressed his/her intention not to be punished for the defendant after the prosecution of this case.

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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