폭행등
The prosecution of this case is dismissed.
On July 2, 2014, at around 23:10, the Defendant: (a) expressed that, in front of the Cheongju-si, the Cheongju-si C apartment 202 Dong 1-2 D, the victim D used the victim at the end of twice the victim’s neck at his/her hand, he/she abused the victim at the end of twice the victim’s neck. Upon receipt of the 112 report, the Defendant used the victim to publicly insult the victim by saying, “F, G, and H, a police official belonging to the E-gu E-gu, the Cheongju Police Station E-gu, Chungcheongnam-gu, Cheongju-gu, Cheongdong-gu, Cheongju-si, the Defendant expressed that “The victim will do so for the same opening, two years, and death.”
Judgment
Of the facts charged in the instant case, violence is a crime 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 same Act. Of the facts charged in the instant case, insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the written withdrawal of the victim D’s complaint, D can be acknowledged as the fact that he/she has withdrawn his/her wish to punish by cancelling the Defendant’s complaint on August 11, 2014, which is after the institution of the instant indictment. Thus, the indictment in the instant case is dismissed pursuant to Article 327 subparag. 5 and 6 of