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(영문) 청주지방법원 2016.11.18 2016고정875
모욕등
Text

The prosecution of this case is dismissed.

Reasons

Indictment

1. The accused and the victims of insult are in a faculty-type relationship;

On August 30, 2016, at around 22:30, the Defendant publicly insultingd the victim D, etc. on the front side of the “Ccafeteria” located in the Seo-gu, Seo-gu, Seoi-si, Seoju, on the ground that the ordinary victims and emotions are not good, the Defendant made the victim D, etc. for the reason that this would grow up, diala, diala, diala, diala, diala, diala, and diala, e.g., so that these three years would grow up, and that many people view it.

2. Around August 30, 2016, the Defendant, on the road side of the “Ccafeteria” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, raised the arity of the victim D on the ground that ordinary appraisal is not good, and was assaulted three times on the victim’s chest.

Judgment

Of the facts charged in the instant case, insult is a case in which a public prosecution can be instituted only upon the victim’s complaint (Article 312(1) of the Criminal Act). The facts of assault cannot be prosecuted against the victim’s clearly expressed intent (Article 260(3) of the Criminal Act). According to the records, it can be acknowledged that a written agreement has been submitted to the effect that the victims of insult and assault after the prosecution of the instant case expressed their intent not to seek the Defendant’s punishment.

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

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