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(영문) 서울남부지방법원 2015.03.26 2015고단503

모욕

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of each of the facts charged in this case

1. On June 30, 2014, around 09:10 on June 30, 2014, the Defendant publicly insultingd the victim victim D (the age of 56) who is the head of the research department, while holding a meeting by 10 teachers in C High School C High School principals located in Gangseo-gu Seoul Metropolitan Government, by stating that “this rings, width Babb,” and “this rings should grow off by dys such as horses and sicks.”

2. At around 11:00 on July 12, 2014, the Defendant publicly insultingd the victim at the places indicated in the foregoing paragraph 1, stating that “I must see, E and the victim gather together, I see, I am to see, I am to see, I am to mar, I am to mar, I am to mar.”

3. 피고인은 2014. 7. 03. 11:50경 위 1항 기재 학교 교직원 식당에서 교사 10여명이 모여 밥을 먹던 중 피해자와 마주치게 되자 피해자에게 “뭘봐 새끼야”라고 말하여 공연히 피해자를 모욕하였다.

2. The offense of insult as stated in each of the facts charged in the instant case is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon complaint under Article 312(1) of the Criminal Act.

However, according to the contents of the agreement and withdrawal of a complaint made by the complainant which is bound to the records, the complainant shall recognize the fact that the complainant revoked the complaint against the defendant on January 5, 2015, which was after the prosecution of this case was filed.

Therefore, in this case, the public prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since the withdrawal of a complaint with respect to a case which can be prosecuted only upon a complaint.

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