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(영문) 대전지방법원 논산지원 2014.04.11 2013고단565

폭행등

Text

All of the prosecutions of this case are dismissed.

Reasons

Summary of Facts charged

1. Around 17:00 on November 21, 2013, the Defendant: (a) requested a mobile phone exchange at the second floor service center of the C building located in Masan City, B, but was rejected on the ground that he/she did not submit an identification card from his/her employee D; (b) the victim E, the head of the team, who met the Defendant, was able to talk with the Defendant at the location where he/she was a large number of customers, thereby openly insulting the victim.

2. The Defendant assaulted the victim’s face on two occasions by a mobile phone, which was boomed by his hand, while taking a bath to the victim E (ma and 40 years of age) at the time and place mentioned in paragraph (1).

Reasons for dismissing public prosecution

1. Contempt;

(a) An offense subject to prosecution on complaint (Article 312 (1) of the Criminal Act);

B. Revocation of complaint by the victim after the prosecution of this case

(c) Judgment dismissing public prosecution (Article 327 subparagraph 5 of the Criminal Procedure Act);

2. Crimes of assault;

(a) Crimes of non-compliance with an intention (Article 260 (3) of the Criminal Act);

B. Withdrawal of the victim's wish to punish after the prosecution of this case

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);