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(영문) 서울북부지방법원 2017.03.24 2016고정2547
모욕등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged in this case

A. In the street room located in Dongdaemun-gu Seoul Metropolitan Government around August 19, 2016, the Defendant’s insultd the victim E (33 tax) who completed and moved a motor vehicle’s oil in front of the gas station located in Dongdaemun-gu Seoul Metropolitan Government on the ground that the victim E (333) voluntarily moved the motor vehicle to his/her own future and interfered with the course of his/her vehicle, and that he/she interfered with the course, the Defendant’s insultd the victim’s “Is the victim.”

C. The victim publicly insultingd the victim by “C. ...”

B. The Defendant committed assault on the date and time set forth in paragraph (a), and at the same place, for the said reasons, and committed assault twice as a hand against the victim’s chest.

2. The offense of insult is a crime falling under Article 311 of the Criminal Act, and a public prosecution may be instituted only when the victim files a complaint under Article 312(1) of the same Act. The offense of assault is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent under Article 260(3) of the Criminal Act. The victim did not wish to punish the defendant in this court after the public prosecution of this case is instituted, and expressed his/her intent to revoke the complaint against the defendant.

Therefore, as to the insult of the facts charged in the instant case, pursuant to Article 327 subparag. 5 of the Criminal Procedure Act, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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