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(영문) 서울북부지방법원 2013.03.11 2013고정56
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 15:00 on November 25, 2012, on the ground that the Defendant: (a) arrived at the 307 Do apartment-dong, Gangnam-gu, Seoul; (b) was seated with a taxi driven by the victim C (the age of 54) in front of the Egynam-dong, Dongdaemun-gu, Seoul; and (c) brought an assault against the victim at the time of two times the head of the victim’s hair, i.e., having taken the taxi at the seat of the victim (the age of 54).

2. The judgment is 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 records, the victim can be acknowledged on March 11, 2013, which is after the institution of the instant prosecution, as the victim has withdrawn his/her wish to punish the defendant. Thus, the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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