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(영문) 인천지방법원 2013.04.26 2013고단1266
모욕
Text

The prosecution of this case is dismissed.

Reasons

At around 15:00 on December 21, 2012, the Defendant, on the grounds that the victim C (the 33 years of age) who served as a Handphone AS engineer at the Seo-gu Incheon B Service Center of Seo-gu, Incheon, 2012, was fluored, and the husband did not speak to see that D’s her husband is a defect, and that there is no fluorous attitude, and the 14 employees who are the AS engineer and 15 customers are reported at the same time, the Defendant sexually insultingd the victim by referring to the victim as “ASer, fluor, fluor, fluor, fluor, fluor, fluor, and fluor,” and

Judgment

The offense of insult under Article 311 of the Criminal Act is an offense subject to victim’s complaint and can be prosecuted only upon the victim’s complaint. On February 25, 2013, after the prosecution of the instant case, the Defendant submitted to the court a written agreement with the victim to “not to hold a civil or criminal liability.” Such agreement is reasonable to deem that the victim expressed his/her intent to cancel the complaint.

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

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