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(영문) 광주지방법원 순천지원 2014.06.10 2014고정108
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged and the victim B, who were confined in prisons, were detained in prison room at the 12th lower floor of the 1,000 correctional institution, and were living in prison at the same time. On September 18, 2013, the Defendant, at around 07:20 on September 18, 2013, when the victim and the victim were in prison with the victim due to the use of toilets from the above 12 room, and were in prison with the victim and five of the above 12 room reduction of the 12 room of the above 12 room, were sexually insulting the victim.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to each of the records, the withdrawal of a complaint filed in the records and the investigation report (verification of the authenticity of the submission of a written withdrawal of a complaint, etc.), the victim can have withdrawn the complaint against the defendant around April 22, 2014, which is the date of the instant indictment. Thus, the indictment in the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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