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(영문) 광주지방법원 2013.11.21 2013고정1991
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around 18:40 on July 4, 2013, the summary of the facts charged is that the Defendant publicly insultingd the victim by saying, “G f2 years of age,” among the cju stations located in Nanyang-gun B, with community residents D, E, and F, while drinking alcohol together with village residents D, E, and F, “G f2 years of age.”

2. We examine the judgment. This is a crime 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 written agreement submitted by the defendant on September 26, 2013, the victim expressed his/her wish not to punish the defendant in preparing the written agreement on September 25, 2013, which was after the institution of the prosecution of this case, and it can be seen as cancellation of the complaint. Ultimately, the above facts charged constitute cancellation of the complaint with respect to a case which can be prosecuted only upon the filing of a complaint, and thus, the prosecution of this case is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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