The prosecution concerning the facts charged of this case is dismissed.

An application filed by an applicant for compensation shall be dismissed.

On December 14, 2019, at around 21:35, the Defendant in the factory room: (a) around 14, 1487-3, in the direction of the entrance of the Sincheon-si, Chuncheon-si, which is located in Chuncheon-si, the Defendant: (b) had the said vehicle built up, let the victim get off the vehicle from the vehicle, and assaulted the victim’s face 2-3 times to the Defendant’s drinking flap with the Defendant, on the ground that the victim B (the age of 69) was driving on behalf of the Defendant on behalf of the Defendant, who is a substitute driver, repeated at the destination; and (c) had the victim get off the vehicle.

However, the prosecutor tried to prosecute this part of the facts charged at the rate of Article 260(1) of the Criminal Act.

The above facts charged are the so-called “an offense of non-compliance with will” which cannot be prosecuted against the express will of the victim pursuant to Article 260(3) of the Criminal Act.

According to the record, on October 21, 2020, the victim B, after the prosecution was instituted on February 12, 2020, expressed in this court the intent that the victim B does not want the punishment of the defendant.

Therefore, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the indictment against this part of the facts charged is dismissed by judgment.

Rejection of Application for Compensation

1. The summary of the claimant’s assertion is the victim, namely, the applicant for compensation, who sought payment of KRW 1,00,000 against the defendant at the expense of the substitute driving fee, medical expenses, daily allowances and medical certificate.

2. Determination

A. Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits provides that crimes subject to compensation order, and Article 260(1) of the Criminal Act, which are applicable provisions of this case, shall not be deemed to belong to the crimes subject to compensation order.

B. According to the record, the victim B, who is the applicant for compensation, expressed his intention not to punish as seen earlier, and received KRW 1,000,000 on October 20, 202 and agreed with the Defendant.

Even if the above KRW 1,00,000 is stipulated in Article 25(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.