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(영문) 서울남부지방법원 2017.09.06 2017고단3503
폭행
Text

The prosecution of this case is dismissed.

Reasons

Around 01:00 on June 8, 2017, the Defendant assaulted the victim by drinking alcohol to the victim’s left chest part of the charge while drinking alcohol, such as the victim D (the victim, 28 years of age) in the “C cafeteria” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

Judgment

The facts charged in the instant case constitute a crime 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According to the court's non-prosecution of punishment, which was submitted to this court on July 7, 2017, the victim withdrawn his/her wish to punish the defendant after the prosecution of this case was instituted, and such intent is expressed in this court.

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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