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(영문) 서울동부지방법원 2016.01.20 2015고정1482
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Whether the Defendant: (a) around May 11, 2015, at around 02:00, knew of the victim D (M, 28 years of age) who was sexually in the vicinity of the convenience store located in Gwangjin-gu Seoul Special Metropolitan City around May 11, 2015; and (b) “I became aware of why I had a male-friendly tool.”

“In response to the question, the injured party saw the Defendant to go out of the damaged area, the injured party tightly pushed the Defendant on several occasions by leaving his arms in front of the injured party, the injured party went to the convenience store where the injured party was in front of the injured party, the injured party got out of the victim’s cell phone, and the injured party got out of the victim’s hand phone, cut off the victim’s hand phone, and assaulted the injured party by getting out of the damaged area the victim’s body on several occasions, with the defect that the injured party attempted to go out of the damaged area, and by hand the injured party’s body.

2. We examine the judgment. The facts charged of this 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. The victim can recognize the facts that he/she had withdrawn his/her wish to punish the defendant in the process of examination of witness after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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