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(영문) 부산지방법원 동부지원 2013.03.07 2013고정73
모욕
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A(50) is an unqualified person.

On October 07, 2012, around 03:30 on October 07, 2012, the Defendant arrested a flagrant offender as an insulting act of insulting B in front of the 1-dong U.S. U.S. Daegu, and led to the Cdistrict, and the Defendant sexually insultingd the victim D by “A police officer, such as the Haba Habi, Habi, Habi, Habi, Habi, Habi, Habi, Habi, Habi, Habi, Habi, and Habi Ha

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 311 of the Criminal Act applicable to the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act concerning the dismissal of prosecution against the victim B among the facts charged in the instant case provides that " around 03:30 on October 7, 2012, the summary of the insult of the victim B is that "a victim B, who is a taxi engineer, and a taxi driver, who is the victim B and the taxi fee in front of the 1-dong YMMMMMMMMMMMMMMMM, openly insulting the victim by openly insulting the victim." This is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

However, according to the trial records, it can be recognized that the victim revoked the complaint against the defendant on February 20, 2013, which was after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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