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(영문) 대구지방법원 2015.11.06 2015고정616
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who sells samples with the trade name of "Ethy" in the D market 1 district in Daegu Jung-gu, Daegu-gu, and the victim F(58) sells samples with the trade name of "G" in the same market.

On August 30, 2014, when there was a fighting with the victim's children before the Ethm. on August 30, 2014, the Defendant openly insultd the victim by saying, “I am frith, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, frith, frith, frith, frith, frith, frith, frith, frith, frith, etc.,” among the merchants in the same place on October 19, 2014, the Defendant openly insultingd the victim by stating that “this frith, frith, frith, frith,” and sexually insulting the victim.

2. Each of the facts charged in the instant case is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act.

However, according to the letter of withdrawal of complaint, the victim's withdrawal of complaint against the defendant on November 6, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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