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(영문) 서울남부지방법원 2018.09.14 2018고단3438
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 06:00 on June 11, 2018, the summary of the facts charged in the instant case assaulted the victim C (the victim C (the victim 52 years of age) who is the wife of the Defendant in the Defendant’s residence located underground 1st, Guro-gu Seoul Metropolitan Government, on the ground that the victim C (the victim 52 years of age) was her homebed, and her face at the time of drinking and walked to the direction of the victim.

2. The crime of this case is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 260(3) of the Criminal Act.

According to the records, it is recognized that the victim C prepared a “written withdrawal of complaint” stating that all of the withdrawal of complaint since it was agreed with the defendant as the victim and the defendant. On July 9, 2018, after the indictment of this case, he/she expressed his/her intention not to be punished against the defendant by submitting it to the court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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