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(영문) 의정부지방법원 2013.11.25 2013고정2181
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On July 9, 2013, around 21:25, the Defendant reported that the victim C (55 years of age) was assaulted against D on the part of the Defendant’s seat at the southyang-si, Namyang-si, the Defendant: (a) reported that the victim C (55 years of age) was assaulted to D; and (b) sent it to the police box, the Defendant called “I hump hum hum hum hum hum hum hum hum hum hum hum hum hum hume; and (c) sent the victim’s face to kne

Accordingly, the defendant assaulted the victim.

B. After assaulting C at the time and place set forth in the foregoing Paragraph (a) above, the Defendant publicly insulting the victim F, who is the wife of C, by speaking the victim F, “C, 1, 199, 199, 200,000”, as the date and time set forth in the said Paragraph (a), and as the packages E and customers are heard.

2. Determination

A. As to the determination of assault, this part of the facts charged 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 C submitted a written statement of withdrawal on November 4, 2013, which expressed his/her intention not to punish the Defendant, and thus, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

B. As to the determination of insult, this part of the facts charged is a crime falling under Article 311 of the Criminal Act, which is a crime falling under Article 311 of the Criminal Act, and can be prosecuted upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the records, the victim F, on November 14, 2013 after the institution of the instant indictment, cancelled the complaint against the Defendant, and thus, this part of the indictment is dismissed in accordance with Article 3

It is so decided as per Disposition for the above reasons.

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