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서울남부지방법원 2014.09.04 2014고단2780
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around July 17, 2014, around 03:13, 2014, the Defendant: (a) expressed the victim C (the 54-year-old age), a proxy driver, at the front side of Yangcheon-gu Seoul Metropolitan Government, that “this son, the son, will not be represented in the future”; (b) assaulted the victim at one time by hand.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the records, it can be recognized that the victim in the facts charged withdraws his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.