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(영문) 의정부지방법원 2014.04.24 2014고정300
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. A. Around 19:40 on September 25, 2013, the Defendant insultd the victim by openly insulting the victim with ten passengers, such as e and e and f, in a bus driven by the victim B (the age of 51) in front of the bus stop of the D apartment apartment bus stop in Southyang-si, the Defendant, who was sitting on the right right side of the driver’s seat, with a yellow-fluor, continuously talked with a yellow-fluor, that the Defendant continued to have a yellow-fluort sound on the front left side of the bus stop of the D apartment bus stop, and that the victim said that the Defendant would have been melting the Defendant as soon as he would use the throth in driving, and that the victim would have been able to use the throth in driving, and then 10 passengers, such as E and F, within the bus in front of the same Eup/Myeon.

B. The Defendant assaulted the victim on the aforementioned date and time, at the same place as above, and during talking with the passengers getting out of the bus, the chest and the part of the victim’s chest and neck were 2 to 3 times as both losses.

2. The grounds for dismissing the prosecution of this case are the crimes falling under Article 311 of the Criminal Act and Article 260(1) of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act, or cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim submitted a written withdrawal of the complaint to the effect that the victim withdraws his/her wish to file a complaint and punish the defendant around February 28, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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