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(영문) 서울북부지방법원 2014.07.30 2014고단1906
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On February 10, 2014, at around 21:05, the Defendant entered the above store in a 'D' control point operated by the victim C (year 51) located in Dobong-gu Seoul Metropolitan Government for the purpose of morale while drinking at the above store, and he was requested by the victim to receive a delivery request from the victim, thereby making the part of the victim's chest 3-4 times and face 1 time.

Accordingly, the defendant assaulted the victim.

2. Determination and conclusion 2.2. Determination and conclusion conclusion, the facts charged constitute a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent in accordance with Article 260(3) of the Criminal Act.

However, according to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on July 30, 2014, which was after the prosecution of this case was instituted.

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

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