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(영문) 서울중앙지방법원 2018.07.03 2017고단8912
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 1, 2017, the Defendant: (a) committed assault to the victim’s face on the grounds of the Seoul Jongno-gu Seoul Metropolitan Government’s Jongno-gu and the second floor to close his visit; and (b) during a dispute with the victim D (72 aged) with a baton, the Defendant d (72) caused a baton to kill the victim’s bat, and assaulted the victim’s face by drinking.

2. The above facts charged constitute Article 260(1) of the Criminal Act and thus cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. According to the statement of non-permanent sources of punishment received on June 4, 2018, the victim withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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