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(영문) 인천지방법원 2013.06.28 2013고정1870
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the relationship between the victim B, the upper floor, and the lower floor.

On November 03, 2012, at around 11:00, the Defendant openly insulting the victim by talking the victim with two police officers who were called up after receiving a report on the noise problem between the victim and the ordinary floor noise problem in Gyeyang-gu Incheon Metropolitan City at around 104, 1303, and D living in the above apartment No. 104, 1304, 1304, and the Defendant’s mother E at the same place where the victim’s mother is located.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when a complaint is filed under Article 312(1) of the Criminal Act. According to the agreement and written withdrawal of a complaint filed in the court records, the victim B may recognize the fact that the complaint against the defendant was withdrawn on June 20, 2013, which was the date the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed under Article 327(5) of the Criminal Procedure Act.

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