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(영문) 대전지방법원 2018.11.30 2018고정956
폭행
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the pastor of the D church in Daejeon Seo-gu, Daejeon.

D church from around March 2013, disputes arose between the believers supporting the defendant and the believers opposing the defendant due to the operation of the church, and from March 2014, from around March 2014, the victims E (the age of 59) who opposed the defendant, etc. invite other pastors to participate in the worship separately from the worship managed by the defendant, and prohibit the defendant from entering the church on the second floor of the church, and there was a complaint against this.

On March 23, 2018, around 09:50 on March 23, 2018, the Defendant: (a) checked gas facilities with the employees of the gas supplier without permission of the Defendant; (b) opened and opened up the second floor towing entrance to the third floor; (c) forced the victim to set up the second floor towing entrance in order to resist (a); (d) obstructed the victim from blocking and prohibiting him/her from entering; and (e) obstructed the victim’s breast part by hand three times the victim’s chest.

However, as a crime falling under Article 260 (1) of the Criminal Act, a public prosecution may not be instituted against the clearly expressed will of the victim in accordance with paragraph (3) of the same Article.

According to the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 26, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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