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(영문) 서울북부지방법원 2017.07.28 2017고단1010
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On December 21, 2016, the Defendant: (a) around 14:20, on the front side of the 17-ro 17-lane in Dobong-gu Seoul Sea, Dobong-gu, etc., the Defendant used the victim’s photograph to sit on the driver’s seat to receive insurance policies and affix the victim’s photograph to the vehicle operated by the victim B (49) in order for the victim to receive insurance policies.

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

In that sense, according to the written application for non-prosecution of punishment submitted to this court on July 5, 2017, it is apparent that the victim expressed his/her wish not to punish the defendant, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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