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(영문) 수원지방법원 2019.08.30 2019고정1130
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant: (a) around 19:00 on May 12, 2019, the facts charged in the instant case: (b) on the ground that the victim D (Inn, the age of 61) around the C cafeteria located in Suwon-si B was drinking at the “E cafeteria” restaurant operated by the Defendant on the day before the Defendant’s operation, six persons, including a restaurant operator, were able to drink in the above C cafeteria; and (c) on the ground that he was drinking at the said C cafeteria, the Defendant publicly insultingd the victim by saying that he was drinking at the same time.

2. The judgment is an offense falling under Article 311 of the Criminal Act and may be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

However, according to the records, the complainant submitted a written withdrawal of the complaint to this court on August 20, 2019.

Thus, the facts charged of this case are dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since the withdrawal of a complaint with respect to a case which can be prosecuted only upon a complaint.

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