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(영문) 의정부지방법원 고양지원 2019.08.28 2019고정610

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. Around 13:05 on May 13, 2019, the summary of the facts charged was expressed by the Defendant at the C Center 9 level C Center 2 located in Yongsan-gu, Mangdong-gu, Mangsan-si, and the Defendant was given a recommendation that the Defendant could not see the body of the victim D, who is the cropator, while driving the health engine in opposition to the health engine. However, the Defendant was given a recommendation that the Defendant could not croke the body of the victim D, which is the cropator, in the presence of other people, such as E, in the presence of others.

Accordingly, the defendant openly insultingd the victim.

2. The facts charged in the instant case are those falling under Article 311 of the Criminal Act, and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

However, according to the records of this case, the victim's withdrawal of the complaint against the defendant on July 29, 2019, which was after the prosecution of this case, can be recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and it is so decided as per Disposition.