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(영문) 서울남부지방법원 2016.02.24 2016고단207
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case and the victim B (33) are married couple and is currently pending in a divorce lawsuit.

On August 12, 2015, the Defendant assaulted the victim with the defect that the victim tried to go out from the vehicle to another place in which he was set up in the parking lot of Yeongdeungpo-gu Seoul, Yeongdeungpo-ro 100 new-ro 5 new-ro Do, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and the Defendant was able to sell with her hand, such as her wheel, her wheel, and her qui with her hand.

2. The conclusion of the judgment is that a crime falling under Article 260(1) of the Criminal Act cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In this regard, according to the statement of withdrawal of complaint prepared by the victim bound in the records, the victim may be acknowledged on December 23, 2015, which was after the prosecution of this case, that the victim had withdrawn his/her wish to punish the defendant.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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