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(영문) 수원지방법원 2015.07.09 2015고정1221

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. At around 16:20 on February 12, 2015, the Defendant assaulted the victim’s face by taking care of the victim’s face at hand, and putting the victim’s face at the victim’s face at the front of the “D” coffee shop located in Suwon-si, Suwon-si, on the ground that the victim E (n.e., 22 years of age) moved the vehicle parked ahead of the front.

B. For the foregoing reasons, the Defendant publicly insultingd the victim E by referring to the victim E, “I am friend at the end of the same year as bitch bitch bitch bitch bitch bitch,” and “I amfriend with the same baby,” at the same time and place as above.

2. We examine the judgment. Of the facts charged in the instant case, the charge of assault: (a) is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act; and (b) an insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act; (c) according to the written agreement dated June 27, 2015, which was submitted after the prosecution, the fact that the victim has cancelled the complaint against the defendant and has withdrawn his/her wish to punish the defendant is recognized. Accordingly, the prosecution in the instant case is dismissed pursuant to Article 327(5) and