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(영문) 서울북부지방법원 2020.03.05 2020고정214
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On November 2, 2019, at the “C” coffee shop located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around 10:20 on November 2, 2019, the Defendant: (a) believed that the victim D, an employee of the Defendant, would be in a friendly response to the Defendant, a customer; and (b) provided the victim that “ice would be in a bad condition if he would be provokingd; hereinafter the same shall apply); (c) even though the victim flasing himself without any speech, but the victim fladsing himself, and other customers, etc., among others, made the victim’s flab with the great desire to “I am, I am, I am, I am, I am, I am, as I am, I am, I am.”

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

According to the records, on March 4, 2020, after the prosecution of this case, a written agreement on the preparation of D, which indicates the cancellation of complaint against the defendant, was submitted to this court.

Therefore, the facts charged in this case constitute revocation of a complaint with respect to a case which can be prosecuted only upon a complaint, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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