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(영문) 서울서부지방법원 2017.08.30 2017고정1002
모욕
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant publicly insultingd the victim by stating that, on January 26, 2017, at the first floor of the Seoul Mapo-gu Seoul building B, the Defendant had talked with the victim D ( South Korea, 36 years old), and that, in the process of having been heard by six persons, such as customers, the Defendant “I would like to sing the victim about how I would have been aware of how I would not pay the money to the victim because I would have been able to do so,” and “I would like to see how I would like to see how I would pay the money to the victim.”

However, this is a crime falling under Article 311 of the Criminal Code, which can be prosecuted only upon the complaint of the victim in accordance with Article 312 (1) of the Criminal Code.

In this regard, according to the statement of agreement in the draft of D which was bound in the public trial records, the complainant may recognize the fact that the complainant revoked the complaint of this case on August 28, 2017, which was after the prosecution of this case was instituted.

Thus, the facts charged of this case are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since the withdrawal of a complaint with respect to a case which shall be prosecuted only upon complaint.

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