beta
(영문) 의정부지방법원 2014.05.09 2014고단936

폭행

Text

The prosecution of this case is dismissed.

Reasons

1. On January 4, 2014, at around 01:20, the Defendant, within the 'C' restaurant located in the 'C' building of the Gyeonggi-si Government Government-si, on the ground that the victim D (34 years of age) who is the main restaurant room at the above cafeteria was in the restaurant business and was unable to drink the Defendant, and committed a dispute with one another on the ground that he was unable to drink the victim by hand, and assaulted the victim by having his ear kicked twice with his hand, with his hand kick, and continuously walked his knifties by walking the knife on one occasion.

2. The crime of assaulting on the market is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records of the trial of this case, the facts can be acknowledged that the victim expressed his/her intent not to be punished against the defendant on February 3, 2013, which was prior to the prosecution of this case. The above indictment constitutes a crime of violation of the provisions of law and becomes null and void, and thus, the prosecution is dismissed pursuant to Article 32