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(영문) 서울서부지방법원 2017.01.06 2016고정1140
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) on May 30, 2016, the Defendant: (b) on the street in front of Mapo-gu Seoul Metropolitan Government around May 30, 2016, and (c) on the ground that the victimized person who wants to smoke while boarding a taxi operated by the victim D was prevented, and (d) requested the victim to assist by setting up the vehicle in front of the patrol, and (c) the victim was able to request the victim to assist, and (d) the Defendant paid the taxi expenses and received the taxi expenses from the taxi, and assault the victim by taking the 100 foot frith to the victim face.

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 written agreement prepared by D which was bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 3, 2016, which was after the prosecution of this case was instituted.

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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