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(영문) 서울남부지방법원 2018.09.14 2018고단2700
폭행
Text

1. Defendant A’s instant public prosecution is dismissed.

2. Defendant B is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On April 26, 2018, Defendant A, along with the victim F (45 years old) on the front side of Yeongdeungpo-gu Seoul Metropolitan Government E-ro, assaulted Defendant A at one time on the part of the victim’s left knife, “I am like two, because I have a warehouse in the house, and live together with B” while having a dispute with B, Defendant A assaulted at one time on the part of the victim’s hand.

B. Defendant B, at the time, at the time, at the place, as described in paragraph 1-A. A. for the same reason as paragraph 1-A., the Defendant assaulted the victim’s her neck, who had been living with the victim A (67 years) with the Defendant, with a view to a single quitable loss.

2. The crime of this case, which judged the facts charged against Defendant A, is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 260(3) of the Criminal Act.

According to the records, it is recognized that the victim F prepared a “agreement” stating that he/she does not want to be punished against the Defendant on July 23, 2018, which was after the prosecution of this case, and submitted it to the court on September 14, 2018, and expressed that he/she does not want to be punished against the Defendant.

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

3. The crime of this case, which judged the facts charged against Defendant B, is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 260(3) of the Criminal Act.

According to the records, the victim A prepared "written application for non-prosecution of punishment" with the content that he/she does not want punishment against the defendant since he/she agreed solely with the defendant on September 14, 2018, which was after the prosecution of this case, and submitted it to this court on September 14, 2018, and expressed his/her intention that he/she does not want punishment against the defendant.

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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