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(영문) 의정부지방법원 2019.06.13 2019고정411
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On November 9, 2018, the Defendant: (a) around 17:12, 2018, around the front door of the 1st floor floor of the Dongducheon-si B Apartment-dong, the victim D left the original copy of the payment order entrusted by the Seoul Central District Court; and (b) assaulted the victim by putting the victim’s flab with his son’s flab, and sating him.

B. At around 17:25 on the same day, the Defendant insultingd the victim by putting the police officers, including Police Officers F, etc., who were dispatched after receiving a report at the same place at around 112 on the same day, who were sent to the police station, with the view of “prisoners of the same court as the victim, who come to the view of the country by entering the creditor or by entering the same court, such as campings, she shall do so, and she shall do so.”

2. Public health as to the part of the crime of assaulting first of all, which is a crime 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 explicitly expresses his/her intention not to be punished against the defendant on May 14, 2019, which is after the prosecution, so the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

Next, the part of the offense of insult is public health. This is a crime under Article 311 of the Criminal Act, which can be prosecuted only when a complaint is filed under Article 312 of the Criminal Act. According to the records, the victim revoked the complaint against the defendant on May 14, 2019, which is after the prosecution is filed. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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