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(영문) 서울남부지방법원 2017.07.05 2017고단1532
폭행
Text

The prosecution of this case is dismissed.

Reasons

around 22:50 on January 10, 2017, the Defendant: (a) committed an assault on the part of the victim E (58) in front of the parking lot of the Gangseo-gu Seoul Metropolitan Government “D” building on the ground that the Defendant did not promptly repay his/her obligations to the victim E (58 years) on the ground that he/she did not promptly repay his/her obligations to the victim; (b) was pushed down the victim’s chest part; (c) attempted to boom the victim’s chest; (d) once he/she drinking the victim’s head part; and (e) when the victim’s left part was frighted on one occasion due to a neck.

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 written withdrawal submitted to this Court on June 23, 2017, the victim may, after instituting the instant indictment, withdraw his/her wish to punish the defendant, and recognize the fact that 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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