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(영문) 서울동부지방법원 2015.10.27 2015고정1224
폭행
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Around 04:55 on June 6, 2015, the Defendant assaulted the victim C(22 years of age) with his/her friendship in the front of Gwangjin-gu Seoul Special Metropolitan City, by drinking fighting at a horse, with the victim’s face one time, and with his/her hand.

B. The Defendant assaulted the Victim E at the same time and place as the above “A” and the above C.

C The victim E(22 years of age) was frightened on the ground that the victim E(22 years of age) was frighten, and assaulted the victim, such as being sealed on the automobile Bods and melting the trees.

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 clearly expressed will of the victim under Article 260(3) of the same Act.

However, according to the trial records of this case, it can be recognized that victims have withdrawn their intent to punish the defendant after the prosecution of this case. Thus, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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