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(영문) 서울북부지방법원 2017.04.13 2017고정10
모욕
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On June 25, 2016, Defendant A1 found that the victim F (the age of 25) took photographs of a cell phone, and that the victim F (the age of 25) taken the cell phone on the cell phone, around 17:00 on June 25, 2016, the Defendant consulted with the store staff in relation to the purchase of the cell phone within the “E” store located in Dobong-gu Seoul Metropolitan Government, and found that the victim F (the age of 25) took the cell phone and took the victim’s head once.

Accordingly, the defendant committed assault against the victim.

2) At the same time, at the same place, there are five persons, such as G, a mobile phone store employee, etc., with a large amount of time and place, the Defendant publicly insultingd the victim F by stating that “the victim F was “the same bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, s

B. Defendant B, at the same time, and at the same place, there are five female-friendly job A for the same reason, including the victim F, Sivic, G, etc., who wishes to have the face equal to that of the bitch.

The victim was openly insultingd by referring to the ‘the same year in which he was sick'.

2. Determination

A. The point of assault (Defendant A) is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In this regard, according to the statement of non-permanent sources of punishment bound in the trial records, the victim has withdrawn his/her wish to punish the defendant on April 12, 2017, which was after the prosecution of this case.

Accordingly, this part of the public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

B. The fact of insult is an offense falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

In such a case, according to the statement of non-permanent sources of punishment bound in the trial records, the victim expressed his/her intent to cancel the complaint against the Defendants on April 12, 2017, which was after the prosecution of this case was instituted.

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