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(영문) 서울서부지방법원 2016.04.20 2015고정1192
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 2, 2015, the Defendant: (a) around 23:57 on April 2, 2015, in Mapo-gu Seoul Metropolitan Government; (b) on the road front of the D restaurant, taken a taxi as a mobile phone on the ground that he refused to take the taxi; (c) taken the taxi on the ground that he refused to take the taxi; and (d) obstructed the taxi; and (d) assaulted the victim’s face and body to be friendly.

2. The facts charged in the instant case are crimes 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. On April 8, 2016, since the victim expressed his/her intention not to be punished against the Defendant at the fifth trial date opened on April 8, 2016, the instant prosecution in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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