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(영문) 수원지방법원 성남지원 2018.05.23 2018고정389
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a B-car driver, and the complainant C is a D-car driver.

On January 9, 2018, when the complainant temporarily stops in order to enter the above restaurant on the road in front of "F" located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, to enter the restaurant, the Defendant sent a signal that the complainant would turn on the vehicle’s age while proceeding in the opposite direction, and the Defendant, while driving in one another, is a mixed horse in the vehicle, the Defendant: (a) the Defendant: (b) the Defendant was driving along the complainant’s vehicle by a mixed horse in the vehicle; (c) the Defendant heard the end; and (d) the Defendant was a public figure through which many persons pass from the vehicle, and (d) the complainant “in this way, whether or not there is any tension;

The term “this bred boom”, “this boomed brushes,”

In this sense, the complainant was openly insultingly insultingd.

2. The facts charged in the instant case are the crimes falling under Article 311 of the Criminal Act, and may be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

However, according to the records of this case, the victim can recognize the fact of revoking the complaint on April 12, 2018, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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