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(영문) 서울남부지방법원 2017.02.03 2016고단5504
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the defendant is currently married between the victim B (V, 55 years old) and the around 1982, and a divorce lawsuit is pending.

A. On October 22, 2016, around 07:00 on October 22, 2016, the Defendant assaulted the victim’s neck with two descendants listed on the part of the victim, on the part of the victim, while serving as a matter of division of the victim’s property in the Yeongdeungpo-gu Seoul Metropolitan Government apartment house C 202-dong 1102, Yeongdeungpo-gu, Seoul Metropolitan Government.

B. Intimidation Defendant, within the scope of No. 1102 set forth in paragraph (1) around October 22, 2016, on October 22, 2016, provided that, within the scope of No. 22:40, the victim and his children drink and talked with D, she would “be subject to divorce.”

"......... the victim was threatened by the same speech and behavior that would inflict any injury on the body of the victim in the event of continuing a divorce lawsuit by citing the victim's own illness and trying to get the victim.

2. Each of the instant offenses is an offense falling under Articles 260(1) and 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Articles 260(3) and 283(3) of the Criminal Act.

According to the records, on January 20, 2017, which was after the prosecution of this case, the victim B prepared "written agreement" with the defendant on January 20, 2017 that he/she would not be held liable for criminal liability against the defendant, and submitted it to this court and expressed his/her intention that he/she would not 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.

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