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(영문) 서울서부지방법원 2019.03.07 2018고단4234
폭행
Text

The prosecution of this case is dismissed.

Reasons

On November 11, 2018, at around 20:55, the Defendant: (a) committed assault against the Victim C (Franchising, 51) with his wife in the domicile of the Defendant in Eunpyeong-gu Seoul and 1st floor; (b) committed a dispute with his wife C (Franchising, 51).

Judgment

The facts charged in the instant case cannot be prosecuted against the express will of the victim under Article 260 (3) of the Criminal Act because it falls under Article 260 (1) of the same Act.

According to the written agreement prepared by the victim bound in the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on February 13, 2019, which was after the prosecution of this case was instituted.

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

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