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(영문) 서울동부지방법원 2016.11.22 2016고단3636
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around October 21, 2016, the Defendant assaulted the victim’s face on two occasions on the left side of the victim’s drinking alone while she had a ccafeteria in Gangdong-gu Seoul Metropolitan Government with the victim’s D (main, 54 years old) in front of the “C cafeteria” in Gangdong-gu Seoul Metropolitan Government.

2. We examine the judgment. The case is a crime 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. According to the written agreement bound in the trial records of this case, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on November 22, 2016, which is after the prosecution of this case.

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

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