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(영문) 서울동부지방법원 2013.05.22 2013고정533
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On June 6, 2012, the Defendant, around 22:30 on June 6, 2012, committed the crime, at the Gwangjin-gu Seoul Special Metropolitan City, the third floor, and the victim D (36 years of age), E (n, 31 years of age) and the victim D (36 years of age), and E (n, 31 years of age) were publicly insulting each victim, among the victims of the foregoing building, on the ground that “the lease term of the first floor house leased by the victim was expired, the Defendant, who is the lessor, shall not return the monthly rent deposit.” On the other hand, the Defendant made a public insult of each victim, including “a two-way typ, a new, the beginning, the year, and the death of the same year in the front of the foregoing building.”

B. On June 23, 2012, the Defendant, around 13:00 on June 23, 2012, insulting the victim E by openly insulting the victim by stating that “Around June 23, 2012, the Defendant is deemed to have neighboring tenants and the Defendant’s dong F, his son G, etc. on the first floor of the building on the first floor, the victim E is the victim E with the large interest that “I shall move the horse of this year, width, son’s age, son’s age, son’s age, and son’s maximum amount of deposit.”

2. The facts charged of the instant case are 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. On May 22, 2013, after the institution of the instant indictment, the victims expressed their intent to cancel the complaint against the Defendant in this court. Thus, the instant indictment is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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