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(영문) 인천지방법원 2013.11.20 2013고단5955

모욕

Text

The prosecution of this case is dismissed.

Reasons

[criminal power] The Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court on March 14, 2012 due to the crime of interference with business, etc., and completed the enforcement of the sentence in the Incheon Detention House on July 29, 2012. On June 14, 2012, the same court was sentenced to one year of suspended sentence for six months due to a false accusation and was sentenced to one year of suspended sentence on November 30, 2012, and is still under the grace period.

【Criminal Facts】

On August 26, 2013, at around 11:55, the Defendant voluntarily accompanied the D District District located in Gyeyang-gu Incheon Metropolitan City, and was waiting for the handling of the instant case, the Defendant shall, without any justifiable reason, “this Chewing ring,” to the victim E, a police officer belonging to the said District, who voluntarily driven the Defendant for about 20 minutes at the seat of 6 other police officers, at the seat of 6 other police officers. Near must live equally if he/she is aged. The same bit bit bitle son is equal.

B. The victim publicly insultingd the victim by openly breathizing the breatha with a large interest of “Arata .....”

2. The offense of insult under Article 311 of the Criminal Act is prosecuted only when a criminal complaint is filed.

On November 15, 2013, after the institution of the instant indictment, the Defendant submitted “written withdrawal of the complaint” with the content that the victim E withdraws an accusation. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.