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(영문) 서울동부지방법원 2019.03.29 2019고단513
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 11, 2019, the summary of the facts charged in the instant case: (a) around 19:40, the Defendant assaulted the victim D in the “C” coffee shop located under the 1st floor of the Gangdong-gu Seoul Metropolitan Government building B, “C”, without any justifiable reason, to buck the face of the victim twice by drinking bucks; and (b) assaulted the victim D by drinking bucks.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the written agreement bound in the trial records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant on March 15, 2019, which was after the prosecution of this case was instituted.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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