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(영문) 서울북부지방법원 2017.10.13 2017고단3949
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a friendship with B and the victim C(53) is a person who operates the “Esing” in Seoul Special Metropolitan City, Nowon-gu D.

On July 24, 2017, around 23:39, the Defendant attempted to sing the cans purchased at the convenience store with three persons in total, namely, B and non-acting, and singing at the convenience store. However, the Defendant assaulted the victim’s body six times with both hands and shoulder, as he/she was unable to sing and singing here from the victim.

2. The above facts charged constitute 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.

According to the written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on September 1, 2017, which is after the prosecution of this case.

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's explicit intent, the declaration of intent to punish is withdrawn, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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