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(영문) 서울서부지방법원 2019.02.21 2018고단4386
폭행등
Text

The prosecution against the defendant is dismissed.

Reasons

On September 13:30, 2018, the Defendant assaulted the victim’s head and belbow in front of the Eunpyeong-gu Seoul Metropolitan Government Main Complex Construction Project on September 5, 2018.

Judgment

The facts charged in the instant case cannot be prosecuted against the clearly expressed will of the victim under Article 260 (3) of the Criminal Act as a crime falling under Article 260 (1) of the same Act.

However, according to the written agreement bound in the public trial records, the victim can be recognized on January 15, 2019, which was after the institution of the public trial of this case, that he/she had withdrawn his/her wish to punish the defendant.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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