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The prosecution of this case is dismissed.
Reasons
Indictment
1. Intimidation the Defendant: (a) around 14:15 December 28, 2017, on the street in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, “Eac shop” (hereinafter “Eac shop”) the victim F was listed on the KOSDAQ.
such a company shall be aware of
The victim was threatened, such as the sound of the “Woo 1..............”
2. In the case where there are persons, etc. related to “G” at the time and place set forth in paragraph 1, the Defendant: “The representative director, the representative director who spawnizes the spawn at the male coffee shop; the representative director who seeks value in the male coffee shop; and the president’s president’s president’s president’s play room who pursued value in the society.
The victims were openly insulting, such as “a great sound”.
Judgment
Of the facts charged in the instant case, intimidation is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 283(3) of the same Act. Of the facts charged in the instant case, insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s accusation pursuant to Article 312(1) of the Criminal Act.
In this regard, according to the statement of withdrawal of a victim's complaint submitted to the court on August 10, 2018, the victim may withdraw his/her wish to punish the defendant after the prosecution of this case and recognize the fact that the victim revoked his/her complaint against the defendant.
Therefore, among the facts charged in the instant case, the public prosecution against intimidation is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and the public prosecution against insult among the facts charged in the instant case is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act. It is so decided as per Disposition.