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The prosecution of this case is dismissed.
Reasons
1. Summary of the facts charged
A. On July 3, 2014, around 20:40 on July 3, 2014, the Defendant assaulted the victim, such as: (a) who was demanded from the victim D (the age of 61) to smoke out of the C cafeteria located in Busan Shipping Daegu B; (b) who was required to smoke outside the c cafeteria; (c) “I will not be subject to a fine”; and (d) smoking tobacco, and (e) turning the victim’s neck up five times on the floor of hand.
B. At the above time and place, the Defendant openly insulting the victim by openly insulting the victim, “as there are about 40 persons such as employees and customers, etc., who will sing down, singe, sing out, and drinked with employees,” etc., when the victim prevented the Defendant from smoking tobacco, and reported the said assault to the police, and approximately 10 persons such as employees and customers, etc. over 10 minutes.”
2. We examine the judgment. Of the facts charged in the instant case, the charge of assault is an offense 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.
However, according to the records of trial, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on April 27, 2015, which was after the prosecution of this case.
Meanwhile, the charge of insult among the facts charged in the instant case is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.
However, according to the records of trial, the complainant can recognize the cancellation of the complaint against the defendant on April 27, 2015, which was after the prosecution of this case.
3. According to the conclusion, each public prosecution against the insult of the facts charged in the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and Article 327 subparagraph 5 of the Criminal Procedure Act.