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(영문) 서울중앙지방법원 2016.10.10 2016고단5560
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 1, 2016, the Defendant: (a) around 23:00 on August 1, 2016, the Defendant: (b) committed assault against the Victim on the ground that the Victim C (30 years of age) is driving in front of the Jongno-gu Seoul Metropolitan Government B Building on the primary line; (c) while driving in the primary line, the Victim and the Defendant was booming the Victim’s head by brushing the Victim’s head; and (d) committed assault on

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.

According to the agreement submitted on September 5, 2016 and the written application for non-prosecution of punishment, it can be recognized that the victim expressed his/her wish not to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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