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(영문) 청주지방법원 2016.08.18 2016고정409
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On August 21, 2015, the Defendant assaulted the victim by taking in his/her hand a book on the list of members of an authorized intermediary in his/her book while intending to have a dispute with respect to the promotion of the project of the so-called “E District Multi-Family Development Association” at the office of the victim D (54) located in So-gu, So-young-gu, Chungcheongnam-gu, Chungcheongnam-si, and assaulting the victim by taking in his/her hand the part on 2-3 occasions.

B. The Defendant is unable to engage in business in this area among the victim’s employees, etc. at the time and place of the foregoing paragraph.

p. origin:

Along with the fact that flap, such flap, flap, expressed a large flap, “A flap,” thereby openly insulting the victim.

2. Of the facts charged in the instant case, the charge of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the same Act. The insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the written agreement and written withdrawal of a written complaint filed in the trial record, the fact that the victim revoked the complaint against the defendant and revoked the criminal intent on August 18, 2016, which is the case after the prosecution of the instant case, can be acknowledged. As such, the charge of assault is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act, and the insult is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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