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(영문) 서울동부지방법원 2015.08.19 2015고단1276
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 18, 2015, the Defendant: (a) around 21:40 on May 18, 2015, in the Yongsan Children’s Park in Songpa-gu, Songpa-gu, Seoul, for the victim B (the 15-year-old age-) and the flab, considered the flabed shape of the e-tobacco; and (b) assaulted the victim by using her hand the flab’s flab with the flab’s head flab by putting the victim’s head flabing over the flab; and

2. According to Article 260(3) of the Criminal Act, a crime of assault cannot be prosecuted against the victim’s express intent.

However, according to the agreement submitted to this court, on July 27, 2015, which was after the institution of the instant prosecution, the victim and his/her legal representative expressed their intention not to have the defendant punished.

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

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