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(영문) 서울동부지방법원 2016.10.12 2016고단2544
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. A. Around 12:00 on March 29, 2016, the Defendant was dissatisfied with the issue of money transaction with E and the victim, who is a partner of the victim D (the victim 60 years of age) on the front of the C hotel located in Songpa-gu Seoul, Songpa-gu, Seoul. At this time, the Defendant sent the victim one time to the left side of the victim by drinking.

Accordingly, the defendant assaulted the victim.

B. In the same time and place as in the preceding paragraph, the Defendant expressed the victim’s desire to “for example, Chewing, and dead,” on the ground that people, who were at the same time and place as in the preceding paragraph, were able to see the victim’s view.

As a result, the Defendant publicly insultingd the victim while complying with many people.

2. The offense of assaulting is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act. The offense of insult is a crime falling under Article 311 of the Criminal Act and is an offense which can be prosecuted only when a criminal complaint is filed in accordance with Article 312(1) of the Criminal Act.

According to the statement of the "agreement and withdrawal of complaint" submitted on August 2, 2016 in this court as of August 2, 2016, the victim did not wish to punish the defendant and withdrawn the complaint against the defendant on August 2, 2016, which was after the prosecution of this case. As to the prosecution of this case, the prosecution of this case is dismissed in accordance with subparagraphs 5 and 6 of Article 327 of the Criminal Procedure Act. It is so decided as per Disposition.

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