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(영문) 수원지방법원 2017.02.03 2017고정51

모욕등

Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A (1) The Defendant’s desire is in front of the “D cafeteria” in Suwon-si, Suwon-si, Suwon-si, on September 4, 2016, in the direction of the “D cafeteria”. Defendant A (29 years of age) and the vehicle with the victim B (29 years of age), and the victim’s “competence” is being observed.

C Ma Macia, Cr. Macro, “Macro”,

The victim openly insultingd the victim by referring to “Irreging”.

(2) The Defendant assaulted the victim on the date, time, place, etc. described in the foregoing paragraph (1), and on such grounds as above, the victim’s neck and shoulder was pushed down several times by hand.

B. The date, time, place, and place described in the above paragraph A-A-A-A-A-A-B, as seen above, Defendant B-B’s vehicle traffic problems with the victim A-A-A-A-A-B, and the victim’s scambling, who was affixed with the scambling box and affixed with the scambling box, the scambling will bring about the victim’s impoverment.

In addition, the victim publicly insultingd the victim by openly referring to the obsculing that the victim could not be seen as a sick child or a sculatory disease.

2. The facts charged against Defendant A are crimes falling under Articles 311 and 260(1) of the Criminal Act, and the facts charged against Defendant B are crimes falling under Article 311 of the Criminal Act.

The offense of insult under Article 311 of the Criminal Act may be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act, and the offense of assault under Article 260(1) of the Criminal Act shall not be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

In this regard, the Defendants withdrawn their intent to punish each other on December 2, 2016, which was after the prosecution of this case, and on February 3, 2017, the Defendants appeared at the first trial date and revoked their respective complaints. As such, the Defendants’ instant prosecution against the Defendants is dismissed in accordance with Article 327 subparag. 5 and 6 of the Criminal Procedure Act.