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(영문) 서울서부지방법원 2018.04.06 2017고단3249
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around October 16, 2017, the Defendant: (a) 03:35 on the front of Eunpyeong-gu Seoul Metropolitan Government road; (b) was under the influence of alcohol and was able to take time to the victim D (57 tax) who is a taxi driver, on the ground that he/she arrived at another place, not for his/her desired purpose; and (c) expressed the victim’s desire to “I must do so”; and (d) assaulted the victim when he/she takes two to three times away from drinking to drinking his/her right arms.

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

However, on March 23, 2018, after the institution of the instant prosecution, the injured person expressed his/her intent not to have the Defendant punished, so the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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