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(영문) 서울동부지방법원 2015.01.29 2014고단3314
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On October 17, 2014, the Defendant, while drunk at the D convenience store located in Gwangjin-gu Seoul Special Metropolitan City on October 17, 2014, 08:45, expressed the victim E (age 38) of the above convenience store, brought the victim’s fright to walk, and fright to walk out the Defendant, and fright the victim into the convenience store on the ground that the victim would be bad to fright out of the Defendant, made the victim’s drinking at one time.

Accordingly, the defendant assaulted the victim.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act.

However, after the prosecution of this case, the victim E can be found to have expressed his wish not to punish the defendant, so this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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