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(영문) 광주지방법원 장흥지원 2013.04.18 2012고단237
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On March 24, 2012, the Defendant: (a) committed indecent act by compulsion on the part of the victim at a restaurant operated by the victim C (n, 47 years of age) in the southnam B market; (b) “I ambling, dyp, why you want to do so, and what we are small in our city”; (c) the Defendant forced the victim to commit indecent act by raising the victim’s chest with both hand while getting out of the victim’s chest.

B. At around 13:00 on the same day, the Defendant refused to pay KRW 70,00,000, which was demanded by the victim to pay for the food cost that the Defendant and the Defendant frighted to work in the above restaurant, and assaulted the victim, such as the victim, who was frighting down the clothes of the Defendant when the victim demanded the payment of the cost by putting the clothes of the Defendant and demanding the payment of the cost, and who was frighted by the victim, "no money exists."

2. Of the facts charged in the instant case, an indecent act by compulsion is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 306 of the Criminal Act. The assault is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim can be found to have cancelled the complaint against the Defendant on April 3, 2013, which is after the prosecution of the instant case, and withdrawn the wish to punish the Defendant. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 5 and 6 of

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