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(영문) 서울중앙지방법원 2019.10.29 2019고단5072
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 16:50 on March 14, 2019, the summary of the facts charged: (a) the Defendant committed an assault against the victim B (the age of 37) and the Defendant on the street in Gangnam-gu Seoul, Gangnam-gu, about the 23-ro road along which one-way Defendant is a one-way road; (b) the Defendant expressed a bath to the victim, such as “Ien gu gu gue, flag, extracted snow,” and assaulted the victim by keeping the back of his head with his hand over his left hand.

2. The facts charged of the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

According to the written agreement and written application for non-prosecution of punishment bound in the public trial records, the victim may recognize the facts that he/she expressed his/her intention not to have the defendant punished against the defendant on October 28, 2019, which was after the institution of the public trial of this case.

Accordingly, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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