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(영문) 서울북부지방법원 2016.10.12 2016고단1711
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 23:40 on February 15, 2016, the Defendant: (a) boarded a D taxi operated by the victim C in front of the newly established dong basin; (b) 23:50 on the same day, the Defendant: (c) went to the front of the 38-ro, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, a destination, and 34, a flag elementary school at the destination; and (d) without any particular reason, assaulted the victim, without any specific reason, while drunking the flash of the victim; and (d) booming the victim’s face at one time by drinking.

2. The facts charged above are those falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim pursuant to Article 260(3) of the Criminal Act.

According to the written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on September 26, 2016, which was after the prosecution of this case.

Therefore, since the above facts charged constitute a case that cannot be prosecuted against the victim's explicit intent, the expression of intent to punish is withdrawn, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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