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(영문) 대구지방법원 포항지원 2019.11.27 2019고정190

모욕등

Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On June 21, 2019, around 09:00 to 10:00, the Defendant openly insultingd the victim D, a general manager of the apartment in front of the Southern-gu B apartment complex Cdong, on the following grounds: (a) the Defendant: (b) he embezzled management expenses to the victim D; and (c) in the event of the head of the said apartment group, E, other than the instant apartment group, he/she had paid two million won or more; and (d) he/she refused the victim’s conversation to demand the victim to pay the money at each time at the neighbor’s meeting, on the ground that he/she refused the victim to pay the money.

B. Around that time of the assault, the Defendant assaulted the victim D with drinking trees twice on the ground that the victim d obsing around the above apartment No. H.

2. Grounds;

(a) Applicable provisions of Acts: Article 311 of the Criminal Act and Article 260 (1) of the Criminal Act;

(b) Crime subject to prosecution upon complaint: Article 312 (1) of the Criminal Act (the point of insult). Article 260 (3) of the Criminal Act (the point of violence).

C. On November 13, 2019, after the prosecution of this case, the victim D expressed his/her intention not to be punished by this Court.

(d) Judgment dismissing public prosecution: subparagraphs 5 and 6 of Article 327 of the Criminal Procedure Act;