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(영문) 서울서부지방법원 2016.05.25 2016고정335
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 3, 2015, the Defendant: (a) around 22:40 on November 3, 2015, at around Eunpyeong-gu Seoul, the Defendant: (b) was in the process of disputeing the noise problem between the victim D (73 tax) and the floor noise on the lower floor, and (c) was in the Defendant’s opening of a dog where he did so.

“Catherb along with the bath theory of the victim, etc., the bat of the victim’s bat.

Accordingly, the defendant committed assault against the victim.

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 explicit intent (Article 260(3) of the Criminal Act). In such a case, the victim expressed his/her intent not to have the Defendant punished on the first trial date.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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