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(영문) 서울북부지방법원 2021.01.13 2020고단4596
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 19, 2020, the Defendant assaulted the victim, on the front side of “C” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the ground that it interfered with the Defendant’s passage, on the part of the victim D (n, 63 years of age) who reported an excessive day displayed at that place, and on the ground that it interfered with the Defendant’s passage, the Defendant assaulted the victim, on the part of the victim’s left hand, such as having a part of the victim’s right shoulder one time, and having a part of the victim’s left part one time.

2. The facts charged in the instant case are crimes falling under 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. Since a written agreement and withdrawal of complaint containing the victim’s intent not to be punished against the Defendant after the instant indictment was submitted, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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