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(영문) 서울동부지방법원 2014.12.23 2014고단3169
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. At around 04:00 on July 16, 2014, the Defendant: (a) committed assault against the victim’s face on the ground that the victim D (V) in Seongdong-gu Seoul Metropolitan Government was not seated on the Defendant’s side; (b) carried the alcohol residues on the bottom of the floor on the ground that the victim was not seated on the Defendant’s side; (c) carried the victim’s breath by hand; and (d) assaulting the victim’s face by drinking.

2. The above facts charged constitute Article 260(1) of the Criminal Act and cannot be prosecuted against the intent expressed by the victim pursuant to Article 260(3) of the same Act. According to the agreement and written application for non-prosecution of punishment received on December 19, 2014, the victim withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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