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(영문) 춘천지방법원 강릉지원 2013.05.02 2013고단164
폭행등
Text

The prosecution of this case is dismissed.

Reasons

Of the facts charged in the instant case, the summary of assault is as follows: “The Defendant, while under the influence of alcohol in the D’ E’s “E” restaurant operated in the East Sea on March 5, 2013 at the same time and at around 20:40 on March 5, 2013, deemed that the victim F, who was aware of the Defendant, was drinking at the above restaurant, was the victim, and was bread by four times on the victim’s face level on the hand because the victim’s refusal to drinking at the above restaurant, but the victim was sexually bread on the two hand.” The summary of the facts charged in the instant case is as follows: “The Defendant assaulted F at the above time and at the above place, and reported to protect female customers under the same name of F and F, the victim D (the victim D (the victim, 64 years old), who was breaddd with the victim’s opening, opening, drinking, or selling it.”

It is called "the victim was insulting by taking the victim's desire in a large sound."

On the other hand, the part of the assault is a crime falling 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 written agreement written by F, the victim F can be acknowledged on April 21, 2013, which is after the institution of the instant indictment.

Meanwhile, the offense of insult is an offense falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the written agreement written by D, the victim D can recognize the fact that the victim D withdraws the complaint against the defendant on April 18, 201, after the institution of the prosecution of this case.

Therefore, the prosecution against assault is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and the prosecution against insult is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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