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(영문) 서울중앙지방법원 2017.04.13 2017고단831
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 16, 2017, the Defendant: (a) committed assault against the victim D (41) who operated a restaurant, for the reason that he was able to mislead the victim D (41) to a place where he thrown away wastes on a day other than the day on which he discharges garbage, and that he was misunderstanding that he was a place where he thrown away cigarette butts or garbage, and that the victim took care of the victim’s brut, “no fact exists;” and (b) assaulted the victim’s brut at a 10-time level on the part of the victim’s brut day on the ground that the victim took care of the brut.

2. This part of the facts charged is a crime 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 Criminal Act. Since the victim withdraws his wish to punish the defendant by declaring that he does not want to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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