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(영문) 서울서부지방법원 2017.10.11 2017고정1234
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that Defendant A assaulted the victim’s left face on April 2, 2017 on the ground that he resisted the victim E’s desire to go to North Korea within “D Singing practice hall located in Mapo-gu Seoul Metropolitan Government on April 17:30, 2017.”

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.

In this regard, according to the statement of the written application prepared by E which was bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on September 26, 2017, which was after the institution of the instant case.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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