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(영문) 서울서부지방법원 2017.09.29 2017고단2148
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant assaulted the victim, i.e., the victim’s face level at the front side of the C Mart located in Yongsan-gu Seoul, Yongsan-gu, Seoul around April 23, 2017.

However, this is a crime falling under Article 266 (1) of the Criminal Code, which cannot be prosecuted against the clearly expressed will of the victim in accordance with Article 266 (2) of the Criminal Code.

In this regard, according to the written agreement in which the defendant and D bound in the trial records are jointly signed, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 22, 2017 after the prosecution of this case.

This agreement does not have the signature of the victim, but is accompanied by a copy of the victim's identification card. Since the copy of the above identification card contains a changed address on May 19, 2017, immediately before the submission of the agreement, it can be recognized that the agreement was made jointly with the victim.

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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