beta
(영문) 서울서부지방법원 2015.12.23 2015고단2696

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the Chairman of the Operational Committee, the Victim C’s Accounting Agency, and the Victim D’s Social Workers in the Management Office.

피고인은 2015. 7. 1. 18:10경 서울 B 관리사무소에서 다른 주민들 10여명이 보는 가운데 피해자 D가 근무하는 관리사무소에서 피해자 D를 쫓아내려고 밀고 당기는 과정에서 피해자 D가 “저 건들지 마세요. 녹음중입니다” 라고 하자 피해자 D에게 “이 썅년이 욕나오네”라고 공연히 모욕하였다.

B. On July 1, 2015, around 18:13, the Defendant publicly insultingd the victim D and the victim C by saying, “I will sell their body by tea” at the same place with ten other residents.

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

However, according to the records, the victims' withdrawal of the complaint against the defendant on December 22, 2015, which was after the prosecution of this case was instituted, can be recognized. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.