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(영문) 서울중앙지방법원 2019.02.20 2019고단105
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On November 19, 2015, the Defendant received a fine of KRW 700,00,000 for the crime of assault at the Seoul Central District Court on March 28, 2016, a fine of KRW 2 million for the crime of obstruction of performance of official duties at the Seoul Central District Court on March 28, 2016, a fine of KRW 2 million for the crime of special destruction and damage at the Seoul Central District Court on July 19, 2017, and a fine of KRW 5 million for the crime of obstruction of business at the Seoul Central District Court on December 14, 2017, respectively, and on September 7, 2018, the Defendant was sentenced to a suspended sentence of one year for the crime of general goods owned by the Seoul Central District Court on September 15, 2018, and the judgment becomes final and conclusive on September 15, 2018.

B. On October 11, 2018, around 23:40 on October 23:40, 2018, the Defendant: (a) committed a assault against the victim’s left-hand fluor by walking the victim’s fluor of the “C” located in Jung-gu Seoul, Jung-gu, Seoul; (b) discovered the car in front of the victim D (the age of 31); and (c) taken the cell phone camera in front of the vehicle in front of the victim’s fluor; and (d) taken the vehicle into the cell phone, and expressed a bath for the vehicle in the vehicle.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

On January 29, 2019, after the institution of the instant prosecution, the victim D submitted a “agreement” stating the purport that he/she does not want to be punished against the defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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