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(영문) 서울동부지방법원 2016.04.19 2015고정1732
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around August 18, 2015, around 02:30 on August 18, 2015, the Defendant assaulted the victim E (the 45 years old) at one time on the left hand of the Defendant on the ground that the Defendant shouldered the Defendant, who is a driver, in a taxi stopped in front of the exit range No. 7 adjacent to the area of Songpa-gu Seoul Metropolitan City, on the way far ahead of the exit zone No. 33, 2015.

2. We examine the judgment. The case is a crime 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. According to the written agreement bound in the trial records of this case, the victim can be found to have withdrawn his/her wish to punish the defendant on April 5, 2016, which was the date of the prosecution of this case.

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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