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(영문) 서울서부지방법원 2014.08.14 2014고단1746
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On June 25, 2014, at around 20:30, the Defendant assaulted the victim on the road of the Eunpyeong-gu Seoul Metropolitan Government Seocho-ro 83-ro, and on the road of the victim C (the victim C) (the victim is 55 years of age) seated along with his/her fry, so that he/she would not act so as to prevent the frying and drinking of the victim, without any reason.”

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the same Act. The victim submitted an agreement with the victim on August 8, 2014, which was the date of institution of the prosecution, as the victim submitted the agreement with the intent of not to prosecute the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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