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(영문) 서울남부지방법원 2018.02.09 2018고단47
폭행
Text

The prosecution of this case is dismissed.

Reasons

On September 18, 2017, the Defendant: (a) around 14:15 on September 18, 2017, in a “D cafeteria” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) assaulted the victim’s two arms by drinking.

Judgment

The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

According to the “written withdrawal of complaint” submitted to this Court on October 12, 2017, the victim may recognize the fact that he/she expressed his/her intent to withdraw his/her previous wish to punish the Defendant after filing the instant indictment.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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