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(영문) 수원지방법원 안산지원 2014.02.14 2013고정2213

모욕

Text

The prosecution of this case is dismissed.

Reasons

At around 14:00 on August 1, 2013, the Defendant had a dispute with the Victim F, who had d restaurant located in the Ma-si, located in the Ma-si, and Ma-si, Ma-si, Ma-si, Ma-si, and the Defendant’s husband had voluntarily agreed with the Victim F. However, on the ground that the Defendant’s husband voluntarily agreed with the Victim F, 20 persons, such as the president of the E-market Association, G, H, I, and cafeteria employees of the victim, and guests, the Defendant sexually insultingd the Victim by 5 minutes of the Defendant’s “this rings, ma-kick, Ma-do, bit bit bit bitch,” which reads the Victim as “a bit son, bit bit-do, bit bit bitch”

Judgment

As a crime falling under Article 311 of the Criminal Act, a public prosecution may be instituted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim may be acknowledged the fact that he/she does not want punishment against the defendant after the prosecution of this case, and in the future, expresses his/her intention not to raise a civil or criminal objection, and this shall be deemed to have been revoked (see, e.g., Supreme Court Decision 2001Do6777, Jul. 12, 2002). Thus, the prosecution of this case shall be dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.