beta
(영문) 서울북부지방법원 2016.04.29 2015고정2701

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. Around May 29, 2015, the Defendant: (a) around 22:25 on May 29, 2015, on the front side of Seongbuk-gu Seoul, the Defendant publicly insultingd the Victim C (Woo, 59 years old) with the vehicle with the test color car operated by the victim C (Woo, 59 years old) on the front side of the Seongbuk-gu Seoul Metropolitan Government, and with the view to the passage of the vehicle and the passage of the victim, etc., the Defendant laid off from the Atotoba, and made the victim openly insulting the victim.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the statement of “written agreement” bound in the trial record, the victim’s complaint against the Defendant on April 14, 2016, which was established after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.