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(영문) 서울중앙지방법원 2015.03.26 2014재고단34
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 16, 2013, at the front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant reported the Defendant, who was a victim C (36 years of age) on board a motor vehicle, was unable to pass by a motor vehicle, and sent a horn to the center of the road, and committed violence by making the victim’s part of the victim’s neck a time by making the victim’s part of the neck and drinking at one time.

2. The offense of assault in this case is an offense falling under Article 260(1) of the Criminal Act and shall not be prosecuted against the clearly expressed will of the victim under paragraph (3) of the same Article.

However, according to the records of this case, it is recognized that C, the victim, expressed his/her intention not to be punished against the defendant on January 14, 2015, which was after the prosecution of this case.

Thus, this case is a case where the victim expressed his wish not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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