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(영문) 서울동부지방법원 2013.08.28 2013고단1646
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 29, 2013, the Defendant: (a) around 18:10 on May 29, 2013, at the top of the building located in Seongdong-gu Seoul Metropolitan Government, parked the victim D(37 years of age) in the said mast, took a bath on the ground that the victim parked the vehicle on the mast of the building managed by the victim without permission; and (b) assaulted the victim’s face, back water, etc. by drinking.

2. The above facts charged 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 same Act. According to the records, it is recognized that a written agreement containing the intent of the victim not to be punished is submitted on or around August 27, 2013, which is after the prosecution, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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