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(영문) 서울북부지방법원 2014.12.12 2014고단3626

폭행등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On August 1, 2014, the Defendant: (a) around 03:09, at C located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) around 03:09, the victim E (the age 22) who sold the trial expenses to D, a customer, without any reason under the influence of alcohol, met it; (c) the victim’s face with the hand floor was tightly sealed once; and (d) the victim’s bucks and bucks and bucks were assaulted against the victim.

B. In a case where customers who are different from the above D are heard at the same time and place as in the preceding paragraph, the Defendant publicly insultingd the victim E by publicly citing that “I am scarfly, scarfly, scarfly, scarfly,” “I am scarfy, scarfy, and scarf.”

2. Determination

A. This part of the facts charged of assault constitutes a crime of non-rapeing the victim’s explicit intent under Article 260(3) and (1) of the Criminal Act. According to the records, it is recognized that the victim has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution on this part is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

B. This part of the facts charged is a criminal who can institute a public prosecution only upon the filing of a complaint under Articles 311 and 312 of the Criminal Act. According to the records, the victim can be recognized to have withdrawn the complaint against the defendant after the prosecution of this case. Thus, the prosecution on this part is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.