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(영문) 서울남부지방법원 2020.12.10 2020고단3811
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 09:00 on July 11, 2020, the Defendant: (a) committed an assault on the victim’s rear side of Gangseo-gu Seoul Metropolitan Government, on the ground that the Defendant, while making a dispute with the victim C (manam, 36 years of age) on the ground that the Defendant driven a vehicle while driving the vehicle, standing the vehicle in the atmosphere of the victim; (b) when the Defendant stops the vehicle in the direction of the traffic signal, the victim’s face is 1 time per week due to drinking; and (c) twice the body of the victim who gets off the vehicle in his/her own car, thereby breaking the victim’s back part of the vehicle in his/her hands.

2. The offense of assault under Article 260(1) of the Criminal Act cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. Since the victim explicitly stated that he/she does not want to punish the defendant to this court after the prosecution of this case, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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