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(영문) 인천지방법원 2020.04.21 2020고단905
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is between the Defendant and the injured party B, who resides in the same apartment.

On August 28, 2019, at around 20:40 on August 28, 2019, the Defendant expressed the victim’s desire to take care of 7-8 residents in the Michuhol-gu Incheon apartment parking lot with a large interest of “child, spath, and spath” to the victim, and publicly insultd the victim before many people in the Dong.

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

However, according to the contents of the agreement on the preparation of the defendant and the victim submitted to this court on December 3, 2019, which was after the institution of the instant prosecution, it is determined that the victim revoked the complaint against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, and it is so decided as per Disposition.

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