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(영문) 서울중앙지방법원 2013.03.08 2013고단185
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

A. On November 28, 2012, at around 08:30, the Defendant assaulted the victim C (53 years of age) on the ground that the victim C (53 years of age) who is a regular manager at his/her own room located in the 10th floor of the Jung-gu Seoul Central District Office of B building, obtained approval for the resignation of D joint representative director who is an opposite part of D joint representative.

B. The Defendant, at the same time, at the same time, and at the same place as the above paragraph (a) and for the said reasons, insulting the victim C by openly speaking to the employees, such as E, etc., of the D Joint Representatives, which read “Wook flob, flob, flob, etc.” to the victim C.

2. Of the above facts charged, the crime of assault is a crime 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 same Act. Of the above facts charged, insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint pursuant to Article 312(1) of the same Act.

However, according to the statement in the letter of withdrawal of complaint, on January 9, 2013, which was after the prosecution of this case, the victim C expressed his intention not to be punished against the defendant and not to fully withdraw the contents of the complaint. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 5 and 6 of the Criminal Procedure Act.

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