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(영문) 창원지방법원 2014.05.01 2013고단3214
폭행등
Text

The prosecution of this case is dismissed.

Reasons

1. On June 14, 2013, at around 14:25, the Defendant openly insultings the victim by openly exposing the victim, and assaulting the victim’s chest by selling the part of the victim’s chest, on the ground that the Defendant’s interview with the victim B (the 49-year old), a staff member of the interesting country fire and marine insurance company (the 49-year-old), who was an employee of the interesting country (the 49-year-old), did not correspond to the Defendant, on the ground that the Defendant’s talks with the victim.

2. Of the facts charged in the instant case, the part of the charge of 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. Of the facts charged in the instant case, the insult part is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim expressed his/her intention not to be punished against the Defendant in relation to assault around November 7, 2013, which is after the prosecution of the instant case, and can be recognized the fact that the victim revoked the Defendant’s complaint in relation to insult. Accordingly, the prosecution of the instant case is dismissed pursuant to Article 3

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