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(영문) 서울동부지방법원 2016.01.12 2015고정1347
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 27, 2015, the Defendant: (a) around 14:10, at the Gwangjin-gu Seoul Special Metropolitan City Office for Management of Apartment Buildings, the Defendant: (b) stated that the head of the above apartment complex, who was responsible for managing apartment management, such as the settlement of management expenses, would be the victim D (53 years of age) and the representative E of the association; and (c) stated that no entry into the management office is possible to prevent any other person from entering the said apartment complex; (d) stated that the Defendant “the Defendant will die this year” to the victim who was under conflict in relation to the issue of return of passbook and seal in the name of ordinary association; and (e) the suit for requesting the delivery of land filed against the head of the company following the apartment; and (e) described the victim as “the victim will die this year,” and divided the victim into the victim’s her flab, flading the fage on the floor of the victim.

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

However, according to the trial records of this case, it can be recognized that the victim withdraws his intention to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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