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(영문) 춘천지방법원 속초지원 2013.07.24 2013고정76
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was at the time of distributing the compensation allocated from Yangyang-gun to residents in relation to the attraction of waste reclamation site to the head of Yangyang-gun, Yangyang-gun around 2007.

Around 11:00 on January 19, 2013, the Defendant expressed a great bath to the Defendant that “A victim C (ma, 66 years of age) would have been paid compensation to eight residents, who are not eligible persons at the time of payment of compensation, or would not be wrong,” on the ground that “A victim C (ma, 8 years of age, who is not eligible persons at the time of payment of compensation) was held at the village community center in Yangyang-gun, Yangyang-gun, Yangyang-gun.”

Accordingly, the Defendant openly insulting the above victim by such act.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

However, according to the records, C, the injured party, can recognize the fact of revoking the complaint against the accused on May 28, 2013 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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