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(영문) 서울남부지방법원 2013.08.20 2013고정2095
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 22, 2013, the Defendant: (a) around 23:20 on March 22, 2013, at C Hospital located in Gangseo-gu Seoul Metropolitan Government, demanded the victim D (the victim aged 25) who is a security guard to take medical treatment in another hospital; and (b) assaulted the victim’s left side knee one time to walk.

2. The facts charged in this 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. According to the records, the victim can be acknowledged as the facts that he/she has withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 (6)

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