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(영문) 서울남부지방법원 2018.02.02 2017고단5260
폭행
Text

The prosecution of this case is dismissed.

Reasons

On October 15, 2017, at around 18:27, the Defendant: (a) took the face of the victim D(77) by drinking in front of the “C cafeteria cafeteria” located in B1, Yeongdeungpo-gu Seoul Metropolitan Government, and (b) assaulted the victim’s face by driving away from the victim.

However, the facts charged in this case cannot be prosecuted against the clearly expressed will of the victim under Article 260 (3) of the Criminal Act as a crime falling under Article 260 (1) of the Criminal Act.

According to the statement "written agreement and withdrawal of complaint" submitted by the victim to this court on November 16, 2017, the victim may recognize the facts that the victim expressed his/her intent to withdraw his/her previous wish to punish the defendant after filing the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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