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(영문) 서울서부지방법원 2014.02.14 2013고단3239
폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. A. Around 00:10 on September 14, 2013, the Defendant assaulted two times the victim’s chests in both grandchildren on the ground that the Defendant, in the Mapo-gu Seoul Metropolitan Government, was in the C Station, at the C Station, the Defendant she was under the influence of alcohol to the victim D (the age of 54) who caused his/her service, without any reason, and the victim said that he/she would return to the house.

B. Around 00:15 on the same day, the Defendant publicly insultingd the victim D, who was in a service room’s staff member at the same place as above, with the victim D’s desire to read as “the feasent feasible feass, governance feasible feass,” while being observed by four staff members of the service room.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 260(1) and 311 of the Criminal Act, and the crimes of assault under Articles 260(3) and 312(1) of the same Act cannot be prosecuted against the victim’s express intent. The offense of insult is a case in which the victim’s accusation can be prosecuted only upon the victim’s complaint.

However, according to the written application for non-prosecution of punishment on October 14, 2013, since it is apparent that the victim D withdraws his/her wish to revoke the complaint and punish the defendant after the prosecution of this case was instituted, the prosecution of this case is dismissed in entirety pursuant to Article 327 subparag. 5 and 6 of the Criminal Procedure Act.

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