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(영문) 대법원 2013.10.24 2013도7119

모욕

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below determined that the defendant and E are in a co-principal relationship with the facts charged in this case for the reasons stated in its holding. Since the victim's revocation of complaint against E, which is a co-principal of the offense subject to victim's complaint, is effective under Article 233 of the Criminal Procedure Act, it is just to maintain the judgment of the court of first instance which dismissed the prosecution in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act because the public prosecution against the defendant was instituted without the complaint and it constitutes a case where the indictment procedure against the defendant is null and void as it is in violation of the provisions of the Act. There is no error of misapprehending the legal principles as to the co-principal's establishment of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.