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(영문) 부산지방법원 2021.03.09 2020고단4556

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. On August 2, 2020, the Defendant: (a) around 22:30, on the ground that the victim B ( South, 29 years old) was parked in front of the breakwater Dong-dong 293-5, Seo-ri, Seo-ri, Busan, the captain of the facts charged, and (b) on the ground that the victim B ( South, 29 years old) did not stop and singing in the way before the breakwater, and (c) the victim’s family members and the victim was dispatched after receiving a report, and there are several police officers and other persons working for the victim, the Defendant shall do so.

In a large sense, “the victim was openly insultingd.”

2. The judgment is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim's complaint is filed under Article 312 (1) of the Criminal Act. According to the B's statement of non-won of punishment, B can recognize the fact of revoking the complaint against the defendant on March 8, 2021, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.