폭행등
The prosecution of this case is dismissed.
1. Facts charged;
A. At around 02:00 on February 12, 2014, the Defendant: (a) committed assault against the victim in front of the apartment complex of a remote city located in the Daejeon Pungdong-gu, Daejeon, on the following occasions: (b) on the 1st day of the apartment complex; (c) on the 1st day of the apartment complex where the victim C (the age of 39) driven a D taxi driven by the victim C (the age of 39) without the victim’s accurate destination; and (d) after getting off the said taxi at the si, the Defendant expressed the victim’s desire to “I see where I am????????? I am??? I am?? I am?? I am?? I am?? I am? I am? I am? I am? I am? I
나. 모욕 피고인은 2014. 2. 12. 02:45경 대전 서구 E에 있는 대전둔산경찰서 F지구대에서, 위 C의 112 신고를 받고 출동한 위 지구대 소속 경위 피해자 G과 지구대로 동행한 후 피해자로부터 신분증 제시를 요구받자, 위 C 및 위 지구대 소속 동료경찰관 3명이 듣고 있는 가운데 피해자에게 “야이! 씹할 놈아, 니가 경찰이면서 이제까지 머리가 하얗게 되도록 해놓은 게 뭐있냐, 왜 신분증을 달래 이새끼야!”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.
2. We examine the judgment. Of the facts charged in the instant case, the charge of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. The offense of insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act.
However, according to each written agreement, the defendant submitted a written agreement with the victim C on July 8, 2014, which was after the institution of the instant prosecution, to this court. On July 23, 2014, the victim G submitted the written agreement with the victim G to this court, and the victims withdrawn their intent to punish the defendant.
Therefore, Article 327 (6) of the Criminal Procedure Act is applicable to the violence.