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(영문) 서울북부지방법원 2020.01.09 2019고정1772
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant became aware of the victim B (the age of 57) who was a real estate broker while selling and buying real estate owned by him/her, and the appraisal became upper due to the issue of brokerage commission.

On October 3, 2019, at around 10:55, the Defendant assaulted the victim’s face, on the ground that the D Licensed Real Estate Agent Office run by the Victim C in Dobong-gu Seoul Metropolitan Government did not get out of the provisional seizure of housing.

2. The judgment below is the case falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the statement of withdrawal of a complaint filed in the records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on January 6, 2020, which is after the prosecution of this case.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.

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