모욕
The prosecution of this case is dismissed.
1. On October 4, 2013, at around 23:12-23:20, the Defendant tried to talk about the victim E in front of the “Dcafeteria” operated by the C in Gwangjin-gu Seoul Special Metropolitan City, but, on the ground that the victim does not accept the complaint, the Defendant sexually insultingd the victim at a place where the victim “I am a human horse. We see the inside, I am a human horse, I am a human horse.”
2. As to the above facts charged, a public prosecution can be instituted only when a complaint is filed pursuant to Article 311 of the Criminal Act. According to the records, the victim can recognize the facts that he/she submitted a written agreement to the effect that he/she would not be punished after the institution of the instant public prosecution. Thus, it falls under the case where a complaint is revoked with respect to a case which shall be prosecuted only when a complaint is filed, and the public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.