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(영문) 서울서부지방법원 2014.05.27 2014고단274
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a driver of D New Franchisa car, and the victim E (the age of 40) is a driver of FF golf car.

On August 25, 2013, at around 11:54, the Defendant moved along the damaged vehicle by the Defendant on the ground that the damaged vehicle in front of the Pacific Contracting State 358-27, Seocho-gu, Mapo-gu, Seoul, and that the vehicle in front of the two-lane signaled at the two-lane signal waiting, the vehicle in front of the two-lane signaled.

On August 25, 2013, at around 12:02, the Defendant: (a) obstructed the damaged vehicle on the street in Mapo-gu Seoul, Mapo-gu, Seoul; and (b) sounded “Woo down from the gate,” and opened several favorable doors for the damaged vehicle by drinking.

Therefore, the injured party has re-drivinged the damaged vehicle and reached the way to 364-29 of Mapo-gu Seoul Metropolitan Government, Mapo-gu.

Accordingly, after the vehicle of the defendant gets off the damaged vehicle again, the defendant saw "h" sound, and assaulted the free door of the damaged vehicle by drinking.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. The victim submitted a written agreement with the victim on May 26, 2014, which was the date of institution of the prosecution. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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