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The prosecution of this case is dismissed.
Reasons
[Criminal Facts]
1. On January 10, 2016, the Defendant thought that the victim D (34 years of age) who was operating a mobile phone in the vicinity of the Seoul Southern-gu Seoul Northern-gu, was exposed to a mobile phone while the Defendant was fighting at the front of the husband and wife on the 19:30 on January 10, 2016, was exposed to the victim’s photograph.
“Alongly sound, boomed the victim’s bat and bat, batd the victim’s face by hand, and assaulted the victim’s face.
2. In around 10 19:50 on January 10, 2016, the Defendant insultd the Defendant at an unspecified number of the victims of the assault referred to in the preceding paragraph, F, etc., who are employees of the Defendant’s wife E, the victim D, and D, and from the victim H (55 years old) of the police box of the Gangnam-gu Police Station, dispatched after receiving 112 a report on the same content as the preceding paragraph, the Defendant “I Don Don.”
“A” in this manner means a horse’s hearing and “A” is a gue with the qualification of N.I.D.’s trading company.
The victim publicly insultingd the victim by “Iskin, skin, and reargue.”
[Judgment]
1. The offense of assault shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260 (3) of the Criminal Act as a crime falling under Article 260 (1) of the same Act;
In this regard, since the victim D expressed his/her intention not to be punished for the defendant after the institution of the instant prosecution, the prosecution against the assault is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.
2. The offense of insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.
In this regard, since the victim H cancelled the complaint against the defendant after filing the prosecution of this case, the prosecution of insult is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.