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(영문) 서울북부지방법원 2017.05.31 2016고단5651
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 2, 2016, around 08:30 on December 2, 2016, the Defendant assaulted the victim E (24 years of age) who is an employee at D amusement establishments located in the first basement C underground of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, on two occasions, on the ground that the victim’s face is severed.

2. The above facts charged constitute 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 written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on May 15, 2017, which is after the prosecution of this case.

Therefore, since the above facts charged constitute a case which cannot be prosecuted against the victim's explicit intent, the declaration of intent to punish is withdrawn, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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