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(영문) 서울중앙지방법원 2013.06.18 2013고단1734
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is as follows.

On February 25, 2013, the Defendant, within the frequency of “C” located in Dongjak-gu Seoul Metropolitan Government on February 23:20, 2013, recommended the victim D (the victim D (the victim aged 48) who is the head of the foregoing business establishment, while drinking two persons and drinking alcohol, and the victim was unable to drink alcohol, and the Defendant abused the victim by considering that the victim was unable to drink alcohol.

2. The case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the agreement received by this court on March 15, 2013, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on March 15, 2013, after the prosecution of this case was instituted.

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

It is so decided as per Disposition for the above reasons.

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