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(영문) 광주지방법원 목포지원 2013.09.06 2013고정206
업무방해
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The facts charged in this case

A. On October 23, 2012, at the E convenience store operated by C victim D on October 16:15, 2012, the Defendant assaulted the victim’s left side by making a lar with the victim’s hand during the dispute arising in the course of transferring or taking over the above convenience store between the previous Defendant and the victim.

B. The Defendant is insulting.

At the above convenience point from 17:30 to 17:50 on the same day as the above paragraph, the F employee G, who called for the work of moving CCTV images to USB, had been heard by the victim D, read to the victim D, “I am strawing the ambling of the ambas in the ambasia, the ambas with the ambas, the ambas, and the ambas, the ambas, the ambas, and the ambas, the ambas, the ambas, and the ambas, the ambas, the ambas, and the ambas, the ambas, the ambas,”

2. Each of the facts charged in the instant case is a crime falling under Article 260(1) of the Criminal Act and Article 311 of the Criminal Act (the point of violence). The case where a public prosecution cannot be instituted against the victim’s explicit intent under Article 260(3) of the Criminal Act and can be instituted only when the victim’s complaint is filed under Article 312(1) of the Criminal Act. Since the victim submitted a written withdrawal of the complaint to the effect that he/she does not want to be punished against the Defendant on September 6, 2013, which is after the institution of the instant indictment, the prosecution in the instant case is dismissed in entirety under Article 327 subparag. 5 and 6 of the Criminal Procedure

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