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(영문) 서울중앙지방법원 2013.10.07 2013고정4192
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around June 10, 2013, the Defendant: (a) committed an assault on the victim’s face one time in the documents related to claims on the ground that, on the ground that he/she had guaranteed another person’s obligation within the first floor C Kaf of Seocho-gu Seoul Metropolitan Government building B, his/her wife had guaranteed another person’s obligation; (b) received a request from the victim D (E) and had consulted with the victim, the Defendant did not cause extension of the due date; and (c) committed an assault on the victim’s face once.

2. The facts charged in the instant case cannot be prosecuted against the express will of the victim.

(Article 260(3) of the Criminal Act. However, according to the statement of withdrawal of a complaint filed in the record, it can be acknowledged that the victim, after the prosecution of this case, expressed his/her intent not to want criminal punishment by cancelling the complaint against the accused.

Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish a case which cannot be prosecuted against the victim's clearly expressed intent.

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