beta
(영문) 광주지방법원 순천지원 2018.08.17 2016고단1173 (1)

폭행

Text

The prosecution against the defendant is dismissed.

Reasons

1. On December 19, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury), etc., and was issued a ruling to revoke detention on August 3, 2014, and completed the execution of the sentence.

The Defendant is a lighting staff member of the so-called “Mayang-do Mayang-dong Mayang-dong Mayang-dong, a main activity stage.”

On February 21, 2016, when the Defendant completed meals in the “D” restaurant located in Gwangjuyang City, around 06:00, the Defendant expressed the Defendant’s desire to read “this kind of son” on the ground that: (a) the victim E(23) and three persons working for him enter the restaurant in order to provide meals, and (b) the victim gets a bad person, and (c) the Defendant considered “this kind of son’s son’s son’s son’s son’s son’s son(s).”

Accordingly, the defendant assaulted the victim.

2. Since the above facts charged constitute a crime falling under Article 260(1) of the Criminal Act, a public prosecution cannot be instituted against the clearly expressed intent of the victim pursuant to Article 260(3) of the Criminal Act.

In this regard, since a written agreement and a written application for non-prosecution of punishment stating that "the victim E does not want to punish the defendant," was submitted to this court on August 9, 2018, which was after the prosecution of this case, the prosecution against the defendant is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.