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(영문) 서울서부지방법원 2017.03.21 2016고단3892
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around December 6, 2016, the Defendant: (a) stopped on the road located in Mapo-gu Seoul Metropolitan Government on the 22:58 side of December 6, 2016; (b) stopped on the part of the victim D (the victim D (the victim D(the victim D 49) who is a taxi driver and obstructed the course of his/her vehicle driving on one lane; and (c) kidddd the victim following the other party and kid, and (d) the victim was able to open the taxi door and open the door of the vehicle and open the door of the vehicle so that the victim gets off the victim’s left side bridge by the opening of the string and closing of the vehicle; and (d) laid down the string of the victim’s string in the said taxi.

Accordingly, the defendant committed assault against the victim.

2. Determination is an offense 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. According to the records of this case, it can be acknowledged that the victim has withdrawn his/her wish to punish the Defendant on March 14, 2017, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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