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(영문) 서울남부지방법원 2013.04.24 2013고정1004
폭행
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is those who are engaged in street occupation in the waiting rooms of subway new forestry stations.

Defendant

B At around 10:55 on December 29, 2012, the Defendant publicly insultingd the victim, who sold the same things as himself/herself on the ground that he/she was to act as a guest, and was sexually fluored by the victim A and his/her female, who had sold the same things as himself/herself on the ground that he/she did so.

B. Defendant A, at the date, time, and place mentioned in the preceding paragraph, she took a bath to the victim B for the foregoing reasons, and used his/her left part on the hand floor, she spawed and pushed the chest.

2. The facts charged against Defendant A cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(2) of the Criminal Act. On April 4, 2013, after the institution of the instant indictment, the victim prepared and submitted a written agreement to the effect that the victim does not wish to punish the said Defendant.

Defendant

The facts charged against B can be prosecuted only upon a complaint under Article 312(1) of the Criminal Act. On April 5, 2013, after the prosecution of this case, a written agreement was prepared and submitted to the effect that the victim is not liable for criminal liability against the above defendant.

Therefore, all public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraphs 5 and 6 of the Criminal Procedure Act.

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