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(영문) 서울서부지방법원 2017.11.01 2017고단2767
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, around September 22, 2017, at the main point of Eunpyeong-gu Seoul, Eunpyeong-gu B and 2 'C' around September 22, 2017, the Defendant laid off the side glass of the victim D, the main point of which is the above main point of business, and assaulted the victim once by sniffing his eye.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.

In this regard, according to the statement of “written agreement, withdrawal of complaint, and application for non-prosecution of punishment,” prepared by D bound in the trial records, the victim can be recognized as the fact that he/she has withdrawn his/her wish to punish the defendant on October 18, 2017, which is after the prosecution of this case.

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

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