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(영문) 의정부지방법원 2018.08.22 2018고단2868

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. On March 16, 2018, at C Hospital located in Gyeonggi-si, Gyeonggi-si B, the Defendant publicly insultingd the victim by referring to a large voice, such as the victim D (42 aged) who was a police official accompanying the Defendant’s blood collection process conducted while driving alcohol, on the ground that the patient and his employees inside the hospital did not fit his mind, for the purpose of the Defendant’s blood collection procedure.

2. The facts charged in the instant case constitute Article 311 of the Criminal Act, and thus, a public prosecution may be instituted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act. In such a case, the victim revoked the Defendant’s complaint on July 8, 2018, which was the date of the instant public prosecution. Accordingly, the instant public prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.