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(영문) 서울남부지방법원 2013.09.10 2013고정1688
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates a private taxi, and the victim D (38 years of age) is affiliated with F Co., Ltd. F and operates a cab for business purpose.

On February 24, 2013, at around 00:35, the Defendant: (a) a private taxi driver who does not belong to the above F from the victim at the front of the taxi department store in the AK department store in Guro-gu, Seoul at around the taxi department store in front of the taxi department store in order to leave the customer at a place and to another place; (b) was able to see the victim’s brea at a different place; and (c) committed assault with the victim on his her hand by taking a breath and bating the bat, and assaulting the victim’s face at once.

2. The facts charged in this 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. According to the records, the victim can be acknowledged as the facts that he/she has withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 (6)

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