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(영문) 인천지방법원 2013.05.10 2013고정1143
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a non-permanent person who is charged, and was aboard a taxi operated by the Victim B (Age 44) on February 5, 2013.

At around 06:50 on February 5, 2013, the Defendant: (a) visited the Seo-gu Incheon Seo-gu Seoul District District District, along with the victim, and explained about the situation of the case to police officers on the ground that the victim made a false statement; (b) expressed the victim’s desire to read the victim as “at the same time in advance; (c) in the presence of a large number of police officers on the ground that the victim made a false statement; and (d) openly insulting the victim by an insulting speech or behavior, such as fringing the finger.”

2. We examine the judgment, which is a crime falling under Article 311 of the Criminal Act, and which can be prosecuted only upon a complaint of the victim under Article 312(1) of the same Act. According to the written agreement bound in the records, the above victim can recognize the fact that the complaint against the defendant was cancelled on May 3, 2013, which is after the prosecution of this case.

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

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