폭행교사
The prosecution of this case is dismissed.
1. The Defendant: (a) around 04:00 on May 29, 2016, the charge: (b) the victim C (the 16-year-old age) at the front of the C C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the
2. Determination
(a) Crimes of non-compliance with an intention: Articles 260(1), 31(1), and 260(3) of the Criminal Act;
B. In order to recognize that the victim expressed his/her wish not to punish for the crime of non-violation of punishment prior to prosecution: The victim’s expressed his/her wish not to punish for the crime of non-compliance with the written agreement dated June 1, 2016 should be expressed in a way that is clear and reliable. However, even if the victim expressed his/her wish to punish for the withdrawal of punishment after the express expression of that intent once, this is no longer effective, and thus, cannot be punishable against the principal.
(See Supreme Court Decision 2007Do3405 Decided September 6, 2007 and Supreme Court Decision 2008Do10183 Decided January 15, 2009, etc.). The above agreement states that the defendant and the victim do not want punishment each other. Thus, even if the victim prepared a written agreement with the chief clerk at the time of preparation of the agreement with the chief clerk on July 28, 2016, "at the time of preparation of the agreement, the defendant wanted to punish him/her because he/she was in contact with him/her at present, it is not effective."
(c) Judgment dismissing public prosecution: Article 327 subparagraph 2 of the Criminal Procedure Act;