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(영문) 서울남부지방법원 2017.10.25 2017고단4785
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On August 3, 2017, the Defendant was sentenced to a suspended sentence of six months for interference with business affairs at the Seoul Southern District Court, and the judgment was finalized on August 11, 2017. On August 11, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of assault at the Seoul Southern District Court on August 19, 2017, and was sentenced to a suspended sentence of two years for a crime of assault at the Seoul Southern District Court, and the judgment became final and conclusive on August 19, 2017, and was sentenced to a suspended sentence of 25 times for a criminal of the

Around September 21, 2017, the Defendant was detained as a separate assault case, and the victim of the instant separate assault case was released on September 26, 2017, because he was unable to punish the victim. On September 27, 2017, the Defendant, at the home of the Defendant located in Geumcheon-gu Seoul, submitted a written agreement of the victim of the separate assault case at the latest on the grounds that D, a woman, who is a woman within the said separate assault case, was late to be released, brought an objection to the female on the ground that the written agreement of the victim of the separate assault case was delayed, and the female and the female were forced to have a conflict with the female at the home of the Defendant’s house located adjacent to the Defendant’s house, and even if the female was abandoned, she did not have a noise before the female’s house.

As the defendant was prevented from the victim E (27) living in the same building as the defendant with respect to the above disturbance, the defendant Ba was assaulted against the victim "humbing down", "humbing down", and assaulted the victim's chest by drinking once.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, it can be recognized that the victim withdrawn his/her wish to punish the defendant on October 19, 2017, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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