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(영문) 서울북부지방법원 2017.12.14 2017고정1051
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 29, 2016, at around 18:15, the Defendant assaulted the victim E ( South, 34 years old) who is an employee and the daily problem at the “D cafeteria operated by the Defendant in Seongbuk-gu Seoul Metropolitan Government” (hereinafter “D cafeteria”), and committed assault, such as cutting the victim’s left side back and pushing the elbow.

2. Determination is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the clearly expressed will of the injured party in accordance with paragraph 3 of the same Article.

In this regard, according to the statement of non-permanent sources of punishment bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on December 5, 2017, which was after the prosecution of this case was instituted.

Accordingly, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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