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(영문) 서울남부지방법원 2017.01.11 2016고단2456
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant and the victim B (the age of 34) in the facts charged are between the Defendant and the Defendant and the victim (the age of 34) at a singing room for about three months, with customers and singing in the first place.

A. From May 29, 2016, around 13:05 on May 29, 2016, the Defendant: (a) 4 persons, including four persons, such as “D” entertainment drinking places in Gangseo-gu Seoul Metropolitan Government, 3 times, and the victim, who is the Defendant’s will, and another singing-sing voice, are soliciting the victim to drink alcohol; (b) however, the victim did not refuse to do so.

The victim assaulted the victim, such as refusing to go out of the studio and sitting down on the studio by putting the victim's hand on four occasions, leaving the victim's hand so that the victim can not go out of the studio, and sit in the studio.

B. The Defendant, at the time and place of the above paragraph (a) above, knew of the fact that (a) the victim, who was on the victim’s cell phone call list, did not go back to the room while leaving the room at the time and place of the victim’s toilet, was exposed to the fact that (b) the victim, who was on the victim’s cell phone call list, got off the cell phone within the victim’s cell phone and got off the phone to singing.

“The victim’s reputation was damaged by openly pointing out facts, such as speaking.”

2. The facts charged in the instant case are those falling under Articles 260(1) and 307(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Articles 260(3) and 312(2) of the Criminal Act.

According to the records, it is recognized that the victim submitted a written agreement to the effect that he/she would not want the punishment of the defendant to this court on January 9, 2017, which was after the prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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