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(영문) 서울중앙지방법원 2019.07.09 2019고정1322
폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On March 6, 2019, the Defendant assaulted the victim on the ground that the victim D (or the 25 years of age) who is an employee of the “C” university Dong store located in Gwanak-gu in Seoul Special Metropolitan City on March 23:10, 2019 reported that the victim D (or the 25 years of age) satison the floor of his/her Nowon-gu, and that he/she was satisfing into the table table where the victim was the victim, and was in accordance with the sales of the victim who was the victim.

B. Around March 6, 2019, the Defendant, at the places indicated in the preceding paragraph on the same grounds as that set forth in the preceding paragraph, insultingly insulting the victim by openly insulting the victim, among the owners of business E and customers, on the same grounds as that set forth in the preceding paragraph.

2. Of the facts charged of the instant case, the charge of assaulting is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.

In addition, among the facts charged in the instant case, insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to each of the agreements bound in the public trial records and the withdrawal of a complaint, it is recognized that the victim expressed his/her intent not to punish the defendant on July 4, 2019, which was the date of the prosecution of this case, and that the victim declared his/her intention not to revoke the complaint.

Therefore, among the facts charged in the instant case, the prosecution on the charge of assault is dismissed by applying Article 327 subparag. 6 of the Criminal Procedure Act and Article 327 subparag. 5 of the Criminal Procedure Act to the prosecution on insult.

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