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(영문) 서울북부지방법원 2017.09.27 2017고단3536
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 13, 2017, the Defendant assaulted the victim by taking two times the victim’s body due to a defect in the victim B (52 years of age)’s desire by hand and two times due to the right edge, while drinking alcohol at the victim’s Myeon (129-3, Jung-gu, Seoul)-dong 129-3 “Fri-gu Park”, Jung-gu, Seoul, Seoul, without any particular reason.

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.

On September 27, 2017, after the prosecution of this case, the victim appeared in this court and expressed his/her intention not to want criminal punishment against the defendant.

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pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, since the expression of intent to punish has been withdrawn.

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