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(영문) 대전지방법원 2018.10.23 2018고정513
모욕등
Text

Each public prosecution against the Defendants is dismissed.

Reasons

Defendant

A The summary of the facts charged is as follows: (a) on September 23, 2017, the Defendant insultd the victim by openly insulting the victim of the vehicle at the front of the Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong 508, for the vehicle of the victim B ( South, 54 years old). As the vehicle of the victim B ( South, 54 years old) is a illegal alcohol vehicle; (b) how the victim would have difficulties in driving the vehicle; and (c) how the victim would have ever interfered with the road.

The Defendant committed violence 1) assaulted the victim’s breast part of his chest on two occasions due to his head while she was in a dispute with the victim at the time and place set forth in paragraph (1).

As a crime falling under Article 260 (1) of the Criminal Act, a public prosecution shall not be instituted against the express will of the victim under Article 260 (3) of the Criminal Act. The offense of insult is an offense falling under Article 311 of the Criminal Act and may be prosecuted only upon a complaint of the victim under Article 312 (1) of the Criminal Act.

According to the public trial records, the victim may withdraw his/her wish to punish the defendant on October 23, 2018, which is after the institution of public prosecution, and recognize the fact that the complaint is revoked. Thus, this part of the public prosecution is dismissed in accordance with Article 327 subparagraph 5 and subparagraph 6 of the Criminal Procedure Act.

Defendant

B 공소사실의 요지 피고인은 2017. 9. 23. 16:00 경 대전 동구 대전 천동로 508에 있는 ' 대전 청소년 위 캔센터' 앞 노상에서, 차량 주정 차 문제로 피해자 A( 남, 35세) 과 시비되어 말다툼을 하다가, " 씨 발 놈 저거 개새끼", " 저 썅놈의 새끼 신고만 하면 되잖아 썅놈의 새끼야", " 싸가지 없는 새끼가 너 이 새끼야 "라고 욕설을 하여 공연히 피해자를 모욕하였다.

However, it is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to the public trial records, the victim has withdrawn his/her wish to punish the defendant on October 23, 2018, which is after the institution of public prosecution, and cancelled his/her complaint.

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