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(영문) 서울남부지방법원 2016.07.12 2016고정561
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 28, 2015, the Defendant: (a) committed assaulting the victim’s face by cutting the victim’s head debt and cutting it over three times due to drinking, on the ground that he/she would escape from the victim’s Da (e.g., 51 years of age) on the Cda located on B B of Yeongdeungpo-gu Seoul Metropolitan Government on the ground that he/she would escape from the victim’s head debt without drinking it; and (b) assaulted the victim on three occasions.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim D submitted a written withdrawal of complaint on June 29, 2016, which was the date of the instant indictment, to the effect that the victim D withdraws the Defendant’s complaint, the indictment in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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