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(영문) 서울북부지방법원 2018.06.15 2018고정814
모욕등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On March 3, 2018, around 17:40 on March 3, 2018, the Defendant entered the elderly household in Seoul Special Metropolitan City, Nowon-gu, Seoul, while under the influence of alcohol.

It is not illegal to receive subsidies from the Gu office or the Dong representative council even though the management entity of the heating expenses to be used by the senior citizens' association is granted to the victim D (78 tax) who faced the defendant.

“The purpose of “ was to be followed”.

Therefore, the Defendant was openly insulting the victim by referring to “a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.”

B. At the time, time, and place of the above A, Defendant 1

“Freshed the victim’s shoulder with a defect of 2-3 times.

At this time, the preceding paragraph E, which had been kept in the situation, was booming with the Defendant, such as booming, pushing, and cutting down with dub, etc., the Defendant assaulted the victim in two to three times after the Defendant, in order to flue his body fighting, by taking the shoulder of the victim who was suffering from the Defendant’s blue with the Defendant’s blue.

2. We examine the judgment. Of the facts charged in the instant case, the insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. Of the facts charged in the instant case, the charge of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

In this regard, the victim can recognize the fact that he/she has withdrawn his/her wish to punish when he/she has withdrawn his/her wish to prosecute the defendant after filing a prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 and subparagraph 6 of the Criminal Procedure Act.

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