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(영문) 대전지방법원 2014.10.01 2014고단2957
폭행등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. On July 4, 2014, around 01:35, the Defendant assaulted the victim’s coco part, 10 times, using one’s credit card, which was cited by the Defendant in the Seo-gu Daejeon, on the ground that the Defendant purchased tobacco within the convenience store for operation of the victim D (the age of 55) located in Seo-gu Daejeon, Seo-gu, Daejeon, and intended for the victim to purchase tobacco from the victim.

B. The Defendant: (a) returned home from the victim G, a security guard belonging to the Daejeon Police Station F District in the Daejeon Police Station, who was dispatched after receiving a report on 112 on the ground that he was frighting up in the convenience store at the same time and place as the above paragraph (1

Even after being heard, among two customers of the above D and name convenience store, the victim publicly insultd the victim by publicly alleging the victim as “I Chewing typ, pacte, how I am if I am to be the crime of false internal accusation, I am to be the same argue, and I am to be the same argue.”

2. Of the above facts charged, the charge of violence is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 260(3) of the Criminal Act. The insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, it is evident that the victims submitted a written agreement after the prosecution of this case, and the victims have expressed their wish not to prosecute the defendant. Thus, all of the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 and 5 of the Criminal Procedure Act.

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