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(영문) 서울남부지방법원 2013.10.01 2013고정2040

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the belief belonging to the “Emergency Countermeasure Committee” of the C church in Yangcheon-gu Seoul Metropolitan Government, and the victim D, E, F, G, H, I, and J are the believers belonging to the same church as the victim D, E, G, H, I, and J.

On February 4, 2013, around 09:20 on February 4, 2013, the Defendant openly insultingd victims by referring to the victims in the atmosphere of the public service center, among the employees of the tax offices with infinite names and civil petitioners, while investigating the Yangcheon Tax Office and communicatings related to the change of the nominal owner of the said C church's identification number in the public service center, in Yangcheon Tax Office, Yangcheon-gu Seoul, Yangcheon-gu, Seoul. 319-12.

2. The conclusion of the judgment is the case falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim's complaint pursuant to Article 312 (1) of the same Act. According to the records on the withdrawal of the victim's complaint, the above victims can be acknowledged as the facts that the defendant's complaint was entirely cancelled on October 1, 201, which was after the prosecution of this case.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.