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(영문) 서울중앙지방법원 2019.08.28 2019고단3369
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On July 15, 2016, the Defendant was sentenced to two years of imprisonment by the Seoul Southern District Court for the crime of injury, etc., and on October 17, 2017, the record of violent crime was seven times more.

At around 08:00 on March 12, 2019, the Defendant: (a) 08:0, on the ground that at the “C” restaurant parking lot located in Gangnam-gu Seoul Metropolitan Government, the victim D (31 years of age) who is lower than himself/herself is bad, was at the time eight times the part of the victim’s boom.

Accordingly, the defendant assaulted the victim.

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 express intent of the victim under Article 260(3) of the Criminal Act.

On August 12, 2019, after the institution of the instant prosecution, the victim D submitted a written withdrawal of a complaint stating the purport that he/she does not want the defendant's punishment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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