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(영문) 서울동부지방법원 2018.07.06 2018고단360

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On December 16, 2017, around 22:10, the Defendant assaulted the victim’s body by drinking on the ground that the Defendant was against the victim E (53 years) who is a cause of service within the 3-line platform in Songpa-gu Seoul Metropolitan Government, on the ground that he was against the victim E (53 years old).

B. In the same date, time, and place as mentioned in the foregoing paragraph (a), the Defendant openly insulting the victim at the place where many passengers are in order to use subways by referring to a large sound, such as “fribing bitch fribs. far. f. f. f. f. f.”

2. Determination

A. (1) The charge of assault: (a) the charge of non-violation of punishment: (b) the victim expressed his/her wish not to punish the Defendant after the indictment of the instant case (an application for the punishment of the victim of June 15, 2018) (3) the public prosecution dismissed: Article 327 subparag. 6 of the Criminal Procedure Act

B. A crime of insult (1) : A judgment dismissing a public prosecution to revoke a complaint against the Defendant by the injured party after the indictment of this case (written withdrawal of the complaint by the injured party on June 15, 2018) (3) : Article 327 subparag. 5 of the Criminal Procedure Act