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(영문) 수원지방법원 안산지원 2013.10.02 2013고정857

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a general director of the common meeting of the representatives of occupants of Ansan-gu, Jungsan-gu, and the complainant shall be the chairperson of the representative meeting of the above occupants.

On October 17, 2012, around 22:30 on October 17, 2012, the Defendant publicly insulting the complainant from among the 4-5 representatives of the apartment occupants, who expressed that if the Defendant did not sign at all the meeting room, only the executive director of the apartment management office, did not approve the documents related to apartment operation, the Defendant said that the Defendant retired from office as a general director, and said, if doing so, the Defendant said that he left office, the Defendant would be mutually payable.

2. The instant facts charged constitute a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the statement on withdrawal of a complaint filed in the records, the victim can recognize the fact that the complaint against the Defendant was withdrawn on September 10, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.