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(영문) 서울서부지방법원 2017.12.06 2017고정896
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant assaulted the victim Ein at the bus stops in front of the “D” convenience store located in Seodaemun-gu Seoul around January 28, 2017, at around 05:45, the bus stops in Seodaemun-gu Seoul.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.

In this regard, according to the statement of “written agreement” prepared by E which is bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 14, 2017, after the prosecution of this case.

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

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