폭행
The prosecution of this case is dismissed.
1. On October 12, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for the obstruction of performance of official duties, etc. at the Daejeon District Court’s Incheon District Court Branch, and completed the execution of the sentence on March 3, 2018.
On May 19, 2020, the Defendant: (a) around 00:40 on May 19, 2020, at the C convenience store located in Namwon-si B, the Defendant, without any justifiable reason, left the victim D (mae, 19 years of age) and his day-to-day flick, making the victim’s face two times in his hand by carrying the victim’s face, and continued to read the victim’s face at one time by hand.
Accordingly, the defendant committed violence against the victim's body.
2. Determination: A crime of assault that applies to the facts charged in the instant case where dismissal of prosecution is dismissed is a crime that falls under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express will pursuant to Article 260(3) of the Criminal Act.
However, according to the written agreement submitted to this court on September 28, 2020, which was after the prosecution of this case, the victim expressed his/her intent not to be punished against the defendant.
Thus, the facts charged of this case constitute the case where the victim withdraws his wish to punish a case which cannot be prosecuted against the victim's explicit wish. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.