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(영문) 전주지방법원 군산지원 2018.06.20 2018고단476
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On November 4, 2017, at around 22:30, the Defendant: (a) returned home to C (42 years of age and south) who is the complainant from the Yandong-dong, Yandong-dong, U.S. to B apartment; (b) went home to another way without having the direction that the complainant wants; and (c) thereafter, the Defendant publicly insultingd the complainant by openly insulting the complainant by putting four police officers and two apartment residents, etc. who were dispatched after receiving a report while on the road inside the above B apartment complex 102, on the face of the foregoing apartment complex, where the number of the police officers and the names of the apartment residents cannot be known, due to a large interest on the complainants; and (d) “Fein typ typ,” “Fe typ typ, typ,” “Fe typ,” “Em typ,” and “Ned human desire,” etc.

2. According to Article 312 of the Criminal Act, the offense of insult as stated in the facts charged is an offense against which a public prosecution can be instituted only upon complaint.

Accordingly, according to the written withdrawal of a complaint received on March 20, 2018, the victim C is recognized to have withdrawn the complaint on the same day. Thus, the instant indictment is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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