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The prosecution of this case is dismissed.
Reasons
1. On September 11, 2015, the Defendant charges of this case: (a) on the street in front of the victim D’s new job discount store operated by Changwon-si, Changwon-si, Changwon-si, Changwon-si; and (b) on the street in front of the Defendant’s new job discount store sold by the victim D; and (c) on the other hand, the Defendant’s price is too much higher than the victim’s price for the front of the said store.
In this regard, the victim was assaulted by booming the breath of the victim and booming the breath of the victim.
2. According to Article 232 of the Criminal Procedure Act, a complaint may be withdrawn before the judgment of the court of first instance is rendered, but once the person who has withdrawn the complaint does not file a new complaint, and this legal principle also applies mutatis mutandis to the withdrawal of declaration of intent desired to punish in a case which cannot be prosecuted against the clearly expressed intent of the victim.
Therefore, the injured party expressed his wish not to punish for the crime of non-violation of intention.
In order for recognition, the victim’s genuine intent should be expressed in a way that enables clear and belief. However, even if such intent is explicitly expressed after withdrawal of the expression of intent and expressed his wish to punish again, it cannot be punishable by no more effective (see, e.g., Supreme Court Decisions 2008Do10183, Jan. 15, 2009; 2015Do1691, Apr. 9, 2015). The facts charged in the instant case are crimes 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 statement of the suspect interrogation protocol prepared by the police on September 16, 2015 about the victim D, the victim is punished for the suspect A.
“I do not want to answer the question”.
The answer is called "," and is unable to be punished.
“I do not want a punishment because I have made a compromise with I at the same time” inquiry “( September 15, 2015).
The answer may be recognized as having been made.