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(영문) 서울북부지방법원 2013.09.12 2013고정1981
폭행
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The summary of the facts charged in the instant case is as follows: (a) around April 10, 2013, the Defendant: (b) 23:57, on the ground that the Defendant was under the influence of alcohol from the Defendant’s house located at No. 401 Dong 1304, Nowon-gu, Seoul Special Metropolitan City, the Defendant committed assault, such as “a knife a knife, knife, knife,” and “a knife a knife, knife, knife, knife, knife, etc.” on the part of the Defendant.

However, this is 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 According to the statement of “written withdrawal” bound in the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on August 30, 2013, which is after the institution of this case.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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