폭행
The prosecution of this case is dismissed.
1. Defendant A (the age of 81, the age of 86, the age of 76, the remaining) and the victim B (the age of 76) of the instant facts charged are those known in the senior citizen center.
At around 12:50 on September 19, 2018, the Defendant assaulted the victim’s entrance drinking room one time among the dialogues with each other among the days during which the Defendant was in the Gangnam-gu Seoul Metropolitan Government, D, and days during which he had been in the D, D, etc.
2. Where a public prosecution is instituted despite the absence of a declaration of intention which does not wish to punish a person, a judgment dismissing the public prosecution shall be pronounced pursuant to subparagraph 2 of Article 327 of the Criminal Procedure Act;
(See Supreme Court Decision 82Do2860 Decided February 9, 1983. According to the records of this case, B, on October 15, 2018, submitted a written agreement and a written application for non-prosecution of punishment to the investigative agency on the following grounds: (a) on October 15, 2018, “The victim B shall use the suspect A without any condition under the agreement, and submit a written application for non-prosecution of punishment. Therefore, the victim shall not be subject to criminal punishment against the suspect; and (b) shall not thereafter raise any civil or criminal objection in the future.”
The facts charged in the instant case cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.
B around October 25, 2018, as the performance condition of each letter of commitment prepared with the above agreement and the written application for non-performance of punishment was not fulfilled by the defendant, and thus, it is not possible to agree with the above agreement and the written application for non-performance of punishment. However, the withdrawal of the wishing to punish cannot be reversed again pursuant to Article 232(2) and (3) of the Criminal Procedure Act.
Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the case constitutes a case where a prosecution is instituted despite the lack of the condition that it does not want punishment. It is so decided as per Disposition.