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(영문) 서울중앙지방법원 2014.12.30 2014고단4315
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 13:20 on June 3, 2014, the Defendant: (a) committed assault, i.e., assaulting the victim’s rear part of the victim by driving the victim’s back by hand on the ground that the victim took an examination by the Defendant and the victim C (the age of 67) residing in Gwanak-gu in Seoul Special Metropolitan City; (b) on the ground that the victim took an examination by the Defendant, the Defendant she sawed the victim’s rear part; and (c) the victim avoided the body with 5 rooms of the above public notice tele; and (d) followed the victim’s rear part of the victim by driving the victim’s chest by driving the victim’s rear part of the victim’s chest by hand.

2. The offense charged in the instant case is an offense 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.

On December 3, 2014, the victim agreed with the defendant to the effect that he does not want the punishment of the defendant and withdrawn the complaint.

Therefore, the prosecution of this case constitutes a case where the procedure of prosecution is in violation of the provisions of law and thus null and void.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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