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(영문) 서울북부지방법원 2019.03.20 2018고단4145
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On September 17, 2018, the Defendant: (a) around 22:40 on September 17, 2018, at the main point of “C” located in Jung-gu Seoul Metropolitan Government B and 1st floor; (b) “heat” means “heat” to the victim D (year 21) who is an employee; and (c) assaulted the victim’s face by drinking when the victim resisted.

2. The facts charged in the instant case are those falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the agreement and written withdrawal of complaint submitted on March 13, 2019 in this court, it is recognized that the victim expressed his/her wish not to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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