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(영문) 서울서부지방법원 2018.02.07 2016고정1427
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) around March 30, 2016, the Defendant: (b) sought to take a victim D, who is waiting for signal at the front of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government crosswalk, in order to take a cab; (c) but (d) the victim refused to take a passenger on the ground that he was Incheon si, and (d) took a assault that embling the victim’s face one time by making a bat and bating a bat.

However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.

On January 24, 2018, after the prosecution of this case, the victim D appeared as a witness and testified in this court on January 24, 2018.

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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