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(영문) 의정부지방법원 2015.03.16 2014고단4791

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was around 01:30 on July 4, 2014, the Defendant, along with the food felb in Gangdong-gu Seoul Metropolitan Government (the age of 57) in a taxi driven by the victim C (the age of 57) to his/her destination, and went out of the window while moving to a destination, and became the victim and Si expenses. On the same day, at around 02:00 on the front road located in Guri-si D, the Defendant stopped with the victim.

The Defendant made a franc with the victim, and was dispatched to the police officer F, police officer G, and franced upon the report of B, 112, who was on the franc, the franc, and the franced residents, thereby openly insulting the victim by speaking the victim as “F, police officer G, and franced.”

2. The facts charged in the instant case constitute a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the same Act, and the public prosecution should be dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act in the event the victim withdraws a complaint after the institution of public prosecution. According to the records, the victim C, who is the complainant, on November 6, 2014, after the institution of public prosecution in the instant case, was recognized to have withdrawn the complaint. Thus, the public prosecution in the instant case is dismissed pursuant to Article 327 subparag. 5 of