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(영문) 의정부지방법원 2014.10.30 2014고정847
모욕등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who operates a restaurant and a shop, and the victim D is the manager of the E amusement park, and the victim F is the president of the same amusement park.

In the event that customers who use C in which Pyeongtaek Defendant is working, have to pass through the E Recreation located under the following, if they get out of a valley to play a water, so there is no space between them;

A. At around 14:30 on August 20, 2013, the Defendant found that there was a fluence with the victims of the preceding day in E amusement park located in Gyeonggi-gun G, and told the victims D to “I will immediately live in a low bitch, whether bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitle, and he will be living in an equal manner, and the victim F, who continued to be next, will be able to listen to the victim, such as “I will impris down without a pactle sound,” and talking the victims at a public performance place that is able to be heard by others.

B. Continuation A.

At the same time and place as in the same paragraph, the victim Do saw that the victim would not take any response after hearing the bath, and assault the victim Do son by walking 5 times.

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 under Article 312(1) of the Criminal Act. The facts of assault are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. The victims are present in this court on October 30, 2014 as a witness and read the defendant, and expressed his/her intention not to file a complaint and not to punish the defendant. Thus, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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