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(영문) 서울동부지방법원 2016.03.18 2015고정1795

문서손괴

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the chairperson of the Songpa-gu Seoul Metropolitan Council for Representative of Apartment Residents.

A. A. Around 11:00 on October 22, 2013, the Defendant insultd the victim F with a large voice that “at the victim F, the victim F, “at the time of having been informed of the removal of the shelter from the above apartment management office stairs, etc.” among apartment residents, including the elderly in the neighborhood, and the elderly in the rest area around the elderly in the elderly, he publicly insultingd the victim F.”

B. Around December 28, 2013, the Defendant’s insult against the victim G was found at the above E Apartment Management Office, and the victim G was found to have any defect in the process of the victim G’s selection of the apartment guard company. In the surrounding management office and civil petitioners, the victim’s “other Dong representatives are only and they are not aware of it.”

of this year, whether a year away from the president of the A.I.D. has been passed.

In other words, the victim was insultd by a large voice, such as “I am well-beingd for a year without any room.”

2. The facts charged against the Defendant are the crimes falling under Article 311 of the Criminal Act, and the prosecution can be instituted only upon the filing of a complaint under Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after six months from the date on which the offender becomes aware of an offense subject to victim's complaint. As to the insult of the victim F on October 22, 2013 among the facts charged against the Defendant, the victim F is aware of the insult of the victim on October 22, 2013. According to the records of the instant case, the victim F is aware of the insult of the victim on October 22, 2013, when six months have elapsed from the date on which the offender becomes aware of the insult of the above insult. < Amended by Act No. 12955, Jul. 31, 2014; Act No. 11904, Dec. 28, 2013>

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