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(영문) 서울서부지방법원 2015.07.23 2015고단1026
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On November 8, 2014, the Defendant committed assault against the victim, such as: (a) in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul on the street, and (b) in front of the Defendant’s wife, “I would like to see why I would like to see that I would like to see why I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see the victim’s left chest part of the victim’s chest, that I would like to see the victim’s head, and that I would like to go beyond the ground floor.”

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

However, according to the investigation report (as of December 10, 2014), C may recognize the fact that he/she expressed his/her intention not to be punished to the investigation agency on December 10, 2014, prior to the institution of the instant prosecution.

Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the prosecution procedure of this case is invalid because it violates the provisions of law.

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