Text
The prosecution of this case is dismissed.
Reasons
1. In addition to the facts charged [criminal record] Defendant was sentenced to a fine of 700,000 won by assault at the Daejeon District Court on January 5, 2015, the same type of criminal records is three times more.
[2] On December 30, 2015, the Defendant assaulted the victim by spiting down the victim’s face, spiting that the Defendant could not receive the disturbance from the victim E (34 years old), a security personnel, due to the night of the D Hospital located in Daejeon Jung-gu, Daejeon, from the night branch, around December 30, 2015.
2. Determination
(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;
B. On September 28, 2016, the victim following the institution of public prosecution;
(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;