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(영문) 창원지방법원 2014.08.29 2014고단1360
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around April 28, 2014, at around 23:07, the Defendant, without paying a taxi fee on the front side of the 1902-ro 62 Egraggggg-ro apartment site from Kimhae-si, Kimhae-si, and was diving, and the Defendant recommended the Defendant to pay a taxi fee and return back to the taxi by shouldering the Defendant, who is a police officer belonging to the Kimhae-gu Police Station B district unit in the Kimhae-gu Police Station, which was called upon upon receipt of a report, and recommended the Defendant to pay the taxi fee and return back to the taxi, while the Defendant was heard by the taxi engineer D, the Defendant sexually insultingd the victim, such as “Yek, gre, wre, hick, kin, kin, and kin.”

2. We examine the judgment. The facts charged of this case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when a complaint is filed under Article 312 of the Criminal Act. According to the statement of withdrawal of a complaint filed in the trial records, the victim can recognize the facts of withdrawal of the complaint against the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case against the defendant is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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