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(영문) 창원지방법원 2013.05.24 2013고단673

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged in this case

가. 피고인은 2012. 12. 2. 23:10경 김해시 B건물 408동 앞 지상주차장에서 불특정 주민들이 왕래하는 곳에서 음주운전을 한 피고인을 단속한다는 이유로 피해자인 김해중부경찰서 C지구대 소속 경위 D, 경위 E, 경사 F에게 "지랄병하고 있네, 개쌔끼들"이라고 큰소리로 말하여 공연히 피해자들을 각각 모욕하였다.

B. On December 2, 2012, at around 23:40 on December 2, 2012, the Defendant committed voluntarily a drinking test within the C District of the Kimhae Police Station, which was located in the G District of the Kimhae-si, and obstructed the Defendant’s wife and his/her friendship, and thus, the Defendant refused to comply with the measurement in the course of performing a drinking test against the Defendant, and again acquitted the victims of the foregoing paragraph, “I am fest, Chewing, and why I am treated as a criminal.”

2. The facts charged in the instant case are crimes 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 same Act. According to the records of the instant case, it is recognized that the victims submitted to this court a written agreement on December 24, 2012, stating that “the victims would not raise a civil or criminal objection due to the instant case, and would not want the Defendant’s punishment,” and it is reasonable to view that the victims expressed their intent to cancel the instant complaint.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.