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(영문) 서울동부지방법원 2014.04.17 2014고단72

모욕등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 13, 2014, at the entrance of the sixth floor elevator of Seongdong-gu Seoul building C in Seongdong-gu, the Defendant publicly insultingd the victim by expressing to the victim F of the Sungdong Police Station E zone patrol team of Sungdong Police Station, who was dispatched after receiving a report of 112 out of the trial expenses due to the problem of charge with D with the taxi engineer at the entrance of the sixth floor of the C building in Seongdong-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Article 311 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Public prosecution dismissal under Article 334 (1) of the Criminal Procedure Act;

1. Of the facts charged in the instant case, the summary of the assault is that “The Defendant, at the entrance of the sixth floor of the C building in Seongdong-gu Seoul on January 13, 2014, expressed that “The victim D (the age of 56) of the taxi engineer at the entrance of the sixth floor of the C building in Seongdong-gu Seoul and the rate thereof were the issue, and the victim expressed that “I am a cab,” and that “I am the bit of the bit bit bit bit bit bit bit bit bit bit bit bit bit bit son, I am the victim committed assault on twice the part of the

2. The case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under Article 260(3) of the Criminal Act.

However, according to the written agreement written by D, the injured party D can be acknowledged on April 13, 2014, which was after the prosecution of this case was instituted, that the injured party D has withdrawn his/her wish to punish the accused.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.