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(영문) 서울중앙지방법원 2013.10.25 2013고정3680
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 23, 2012, at around 00, the Defendant, under the influence of alcohol at “D” points located in Gwanak-gu in Seoul Special Metropolitan City, and assaulted male employees E (24 years of age) with the victim’s face “Ivoking one another,” and the victim’s face at hand at a time of drinking.

2. On the other hand, it is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's explicit intent under Article 260 (3) of the Criminal Act. According to the written agreement bound in the trial records, it is apparent that the victim has withdrawn his/her wish to punish the defendant on October 25, 2013, which is the date of institution of the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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