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(영문) 부산지방법원 2018.02.08 2017고정491

폭행등

Text

The prosecution of this case is dismissed.

Reasons

Some of the facts charged were corrected.

1. Around 05:40 on February 25, 2015, the Defendant, at the main point of the trade name “D” located in Busan Eastdong-gu, Busan, having drinking alcohol on a different table, met E, a kind of drinking alcohol, and talked on the street in front of the above main point, on the ground that the victim F, E, a daily driving, e, e, e, e, e, e, e, e, e, e, e, e, and e, e, e, e, and e, e., g., e., e., e., g., e., e., g., e., g., e., g., g., e., g., e., g., g., e., g., g., and g., e., g., the victim.

2. At the time, at the place, as described in paragraph 1, how the Defendant is faceed by the victim’s body in the form of G, the Defendant’s daily behaviors of the victim F, E, and his name in which the victim’s personal behaviors are committed.

We see that there can be a lot of years with the end of the year, and publicly insultd the victim by referring to "I Doe," as "I Doe."

Judgment

Each of the facts charged in the instant case is an offense falling under Article 260(1) of the Criminal Act and Article 311 of the Criminal Act, which can not be prosecuted against the victim’s express intent pursuant to Articles 260(3) and 312(1) of the Criminal Act, or may be prosecuted only upon the victim’s complaint.

According to the records, it is recognized that a written agreement in which the victim's intent not to be punished on February 7, 2018, after May 29, 2015, the prosecution of this case, was submitted to this court.

Therefore, the public prosecution of this case constitutes a declaration of intent not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim, and it constitutes a cancellation of complaint for a case which must be prosecuted only when there is a complaint. Thus, Article 327 of the Criminal Procedure Act is applied.