Text
The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in the instant case is that the Defendant demanded the victim C, the site head of the store, to re-erogate color at the construction site due to the interior of the restaurant operated by the Defendant in Mapo-gu Seoul, on September 18, 2016, around 15:50, the Defendant demanded the victim C to re-erode the inner wall color of the store, which is the site head, but the damage should be determined by the National
There is no separate instruction from the President, so the color work cannot be resumed now.
The answer to the purport that “the victim assaulted the victim by making a part of the victim’s neck one time by hearing the answer.”
However, this is a crime falling under Article 260 (1) of the Criminal Code, which cannot be prosecuted against the express will of the victim in accordance with Article 260 (3) of the Criminal Code.
In this regard, according to the "Agreement on Violence Cases" written by C, which is bound to the trial records of this case, the victim himself/herself before the prosecution of this case was instituted on September 22, 2016, which was the date of the prosecution of this case, and the prosecutor sent the agreement from the Mapo Police Station in Seoul on October 13, 2016, which was the date of the prosecution of this case. However, according to the statement "the above agreement was confirmed." The victim's intent not to punish the defendant was expressed prior to September 27, 2016, the date of the prosecution of this case."
It can be recognized that it explicitly expresses the intention not to punish the accused.
Thus, the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of prosecution is invalid in violation of the provisions of law.