A. At around 07:30 on December 27, 2014, the Defendant threatened the victim by finding out the victim and his/her employee who had worked before the victim and his/her employee E, at the Down-gun, Cheongdo-gun, Cheongdo-gun, and by stating that “The victim shall be in the same spirit as he/she has a knife and knife, and knife with a knife and knife with a knife, knife and knife with a knife and knife at the same knife floor.”

B. In the same date and place as in the preceding paragraph, the Defendant publicly insultingd the victim by saying, “A large number of crypers on theme to be flown,” the victim at the same time and place with four employees E, etc. of the victim.

2. Determination:

A. Of the facts charged in the instant case, intimidation is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. According to the records of the instant case, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on May 21, 2015, which is after the prosecution of the instant case. Thus, this part of the prosecution is dismissed under Article 327(6) of the Criminal Procedure

B. Of the facts charged in the instant case, 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 According to the records of the instant case, the victim can be found to have withdrawn the complaint against the Defendant on May 21, 2015, which is the date of the instant indictment. Thus, this part of the indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act