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(영문) 서울북부지방법원 2019.05.02 2019고정330
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around August 13, 2018, around 19:35, the Defendant made a public insult of the victim under the following circumstances: (a) in D operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government on August 13, 2018; (b) while other people, including E, listen to the victim, the Defendant made a public insult of the victim: (c) “If the victim was replaced by the victim, the son, the son, the son, and the son, and the son, the son, and the son, the son, and the son,

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the statement of “written application for cancellation of complaint and non-prosecution of punishment,” which is bound in the trial records, the victim’s complaint against the Defendant on May 1, 2019, which was established after the prosecution of the instant case was instituted, the prosecution of the instant case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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