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(영문) 서울북부지방법원 2020.02.07 2019고정1188
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On January 31, 2019, at around 11:20 on January 31, 2019, the Defendant committed assault against the victim, such as: (a) the victim D (the age of 61) who was a starting machine, a cell phone of the victim D (the age of 61) was exposed to the Defendant’s cell phone to screen screen pictures, such as the Defendant’s his/her crypt, which he/she was aware of crypted from the Defendant; (b) the victim’s cell phone was sealed; (c) the victim’s cell phone was cut off; and (d) the victim’s chest, fluor, etc. was taken from the Defendant’s his/her cell phone; and (d) the victim’s chest, fluor, etc

2. The facts charged in the instant case are those 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.

The record reveals that on January 30, 2020, after the victim was prosecuted, the defendant submitted a written withdrawal of complaint and a written application for non-prosecution of punishment stating his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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