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(영문) 서울동부지방법원 2015.08.10 2015고단1797
폭행
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. At around 11:50 on May 21, 2015, Defendant A used the victim’s face of the victim B (age 34) on one hand, while working in a mutual view with respect to the food delivery business of a gymnasium in Songpa-gu Seoul, Songpa-gu, Seoul, for a gymnasium, and assaulted the victim as a gymnasium after cutting down the balle.

B. At the same time and place as indicated in the preceding paragraph, Defendant B abused the victim by pushing the shoulder of the victim A (50 years of age) on the ground of the foregoing reasons, and breathing breath, etc.

2. All of the facts charged in the instant case against the Defendants are crimes 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. The Defendants were submitted to this court on July 2, 2015, since each written agreement on the preparation of the Defendants against the other party and who expressed their intent not to be punished against the other party as the perpetrator and the victim was submitted to the other party, and thus, all the prosecution against the Defendants are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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