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(영문) 서울북부지방법원 2020.02.19 2019고정1639
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that the defendant assaulted the victim's shoulder at the parking lot in Seongbuk-gu Seoul Metropolitan Government on July 28, 2019 and at around 17:41, the right shoulder part of the parking lot in Seongbuk-gu Seoul Metropolitan Government.

However, the crime of this case cannot be prosecuted against the clearly expressed will of the victim under Article 260(3) and (1) of the Criminal Act. According to the statement in the petition submitted by the defendant, on January 20, 2020 after the prosecution of this case was instituted, it can be recognized that the victim has withdrawn his/her wish to punish the defendant. Thus, the prosecution against the defendant is dismissed under Article 327(6) of the Criminal Procedure Act.

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