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(영문) 서울동부지방법원 2019.05.22 2019고단521
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of the instant case: (a) around 23:57 on January 20, 2019, the Defendant was boarding a taxi driven by the victim B, and arrived near the Seongdong-gu Seoul Metropolitan Government Apartment Complex, and subsequently failed to pay KRW 7,700,00, due to lack of balance, etc.; (b) the Defendant took a bath to the victim, such as “Chewing sprink, spick,” etc.; (c) the Defendant spicked the victim by driving the taxi on the street, bucking the victim, pushing the victim on his/her right side, pushing the victim on his/her cab, cutting it up on the road, cutting it over the bridge, bucking him/her, harming the victim on the road, and harming the victim to speak in the surrounding area.

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

However, according to the written agreement bound in the trial records, it can be recognized that the victim has withdrawn his/her wish to punish the defendant on April 18, 2019, which was after the prosecution of this case was instituted.

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

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