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(영문) 청주지방법원 2015.10.27 2015고단1587

폭행등

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. Around 00:05 on June 3, 2015, the Defendant insultd the victim publicly by publicly insulting the victim by referring the victim to the large interest of “YYYYYYYYYYYYYYY 38 years old,” among the customers with the above types of e, F, etc., “YYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

B. The Defendant assaulted the victim by committing an act that seems to have been committed on the part of the victim on the ground of left arms at the same time and place as that set forth in paragraph (1).

2. We examine the judgment. Of the facts charged in the instant case, the insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. The facts of assault are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. According to the letter of withdrawal of complaint and the statement of a certificate of personal seal impression submitted to this court on October 7, 2015, C may revoke the complaint against the Defendant after the instant indictment and revoke the wish to punish the Defendant. Thus, the insult of the facts charged in the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, and the facts of assault are dismissed pursuant to Article 327 subparag. 6 of the same Act.