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(영문) 서울동부지방법원 2017.03.10 2017고정183
모욕
Text

The prosecution of this case is dismissed.

Reasons

On October 17, 2016, the Defendant openly insulting the victim by openly insulting the victim, “I will see knee if I will see knee, scare, scare, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, etc.” in the presence of police officers and knee.

However, the facts charged in the instant case constitute a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon a complaint under Article 312(1) of the Criminal Act. The victim voluntarily withdrawn the Defendant’s complaint on December 6, 2016, which was the date of the instant indictment.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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