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(영문) 서울북부지방법원 2016.06.29 2016고단798
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On March 5, 2016, at around 20:55, the Defendant: (a) expressed the victim D (64 tax) residing in the above Gosi-gu Seoul Northern District B 2nd floor C Gosiwon; (b) expressed the victim’s desire to see “Chewing, governance,” and assaulted the victim’s flapsing and pusheding.

2. The above facts charged constitute Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on June 13, 2016, which is after the prosecution of this case.

Therefore, the above facts charged constitute a case which cannot be prosecuted against the victim’s explicit intent, and thus, the case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.

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