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(영문) 서울서부지방법원 2017.05.18 2017고단681
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was married with the victim B (V, 53 years old) around February 1996.

On December 28, 2016, the Defendant, at around 01:15, at the residence of the Defendant in Yongsan-gu Seoul Metropolitan Government around December 28, 2016, demanded a marital relationship with the victim after a dispute with the money problem, but was refused from the victim, died of the knife in knife.

In order to avoid disturbance, the victim committed assault against the victim, such as the victim's face friend, walking friend, walking friend by drinking, and walking friend, when the police officer called out by the victim's 112 report his/her her her son's son's son's son.

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.

On May 17, 2017, after the institution of the instant public prosecution, the Defendant submitted to the court a document indicating the victim’s intention not to prosecute, and thus, the instant public prosecution against the Defendant is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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