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(영문) 수원지방법원 성남지원 2015.07.21 2014고정224

모욕

Text

The indictment against the Defendants is dismissed.

Reasons

Public Prosecutor's Office

1. On April 25, 2013, Defendant A was investigated by the victim C police officer due to bicycle traffic accidents at the first floor traffic accident investigation department office of the subcommittee police station located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, as well as at around 11:50.

The defendant, upon receiving the above investigation, heard from the victim who is an investigator in charge of traffic accident, that the perpetrator cannot be punished for the criminal minor term, and the victim raised a complaint by conducting a biased investigation.

During that period, the Defendant, upon receiving a request from the mother of a criminal minor to receive a written complaint due to insult, made a direct statement to request the receipt of the written complaint from the Defendant, and made a statement to do so to the public service center, and made an office with the police officer who told him/her to receive the written complaint, and made the victim feel “I need to do so, do not have to do so, it is difficult to do so, so,” and sexually insulting the victim at around 20 persons in charge of the civil petitioner and the insurance company.”

2. 피고인 B 피고인은 제1항과 같은 일시 장소에서 A과 함께 교통사고 조사계를 방문하였다가 A이 피해자를 모욕하고 있는 상황에 가담하여 사무실을 나가면서 피해자에게 “야 이 새끼야 너 경찰질 똑바로 해 임마. 그러니 양아치에 짭새 소리 듣지, 저 새끼 상대도 하지마. 야 이 양아치 새끼야.”라고 욕설을 하여 약 20여 명의 민원인과 보험사 관계자 등이 있는 자리에서 공연히 피해자를 모욕하였다.

Judgment

Article 327 Subparag. 5 of the Criminal Procedure Act and Article 312(1) of the Criminal Act that the complainant would revoke the complaint against the Defendants