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(영문) 서울서부지방법원 2020.04.08 2020고정92

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. Around August 19, 2018, the Defendant, at the second floor of Yongsan-gu Seoul Metropolitan Government building B, the main point of the facts charged, namely, the victim D (the victim 50 years of age) and the trial cost. While other customers in the main point of the dispute have been heard, the Defendant made a public insult of the victim by openly insulting the victim, such as “as the other customers in the main place of the dispute have come to know,” the victim’s “as the other customers have come to know.”

2. The above facts charged are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

However, the victim's withdrawal of the complaint against the defendant on March 26, 2020 after the prosecution of this case is recognized (a written agreement and withdrawal of complaint). Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.