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All of the prosecutions of this case are dismissed.
Reasons
1. On November 10, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of obstructing the performance of public duties in the Busan District Court, and the execution of the sentence was completed at a detention house on May 11, 2017.
A. On October 11, 2017, around 15:55, the Defendant: (a) had a dispute with the victim D, the head of an apartment Tong, with respect to the sales and import of recycled products in the apartment complex, and had a resident in E, F, and nameless, sold and sold recyclable products to the victim at the seat of E, F, and resident.
The victim publicly insultingd the victim by referring to the “hyp hyp and the “hyp of the same year” as “hyp”.
B. The Defendant assaulted the victim by facing the right shoulder of the victim with the right shoulder when the victim E (47) takes a bath as above, at the time, at the same time, at the same place as paragraph (a).
2. The facts charged as stated in the above A are the crimes falling under Article 311 of the Criminal Act, which may be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. The facts charged as stated in the above B are crimes falling under Article 260(1) of the Criminal Act, and are not prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act.
According to each written agreement submitted to this court, a written agreement stating the intent of the victim D to withdraw his/her intention to seek punishment under the agreement with the defendant was submitted to this court on January 23, 2018 after the institution of the public prosecution in this case. A written agreement stating the intent of the victim E to withdraw his/her intention to seek punishment under the agreement with the defendant can be acknowledged as the facts submitted to this court on March 8, 2018.
Thus, each public prosecution of this case has expressed a wish not to prosecute a case which cannot be prosecuted against the clearly expressed will of the victim, and the crime must be prosecuted only when the complaint is filed.