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(영문) 대구지방법원 경주지원 2020.02.19 2019고정152
모욕
Text

All of the prosecutions of this case are dismissed.

Reasons

Summary of Facts charged

1. On December 12, 2018, the Defendant: (a) drafted a text message stating, on December 12, 2018, the Defendant: (b) around 12:56 on December 12, 2018; (c) using his/her mobile phone to “condo 31” the victim C with the sectional ownership of Briet 31 units using his/her mobile phone to refer to “condo 31 units; (d) he/she now separates the victim C; (e) “I am from Ulsan because there is no money change; and (e) I am from Ulsan to lend money; and (e) “I am from the soulgic fraud to the solitary fraud,” and “I am from the cell phone,” and sent it to the nine cell phone owners of Briart, including D (E) who have sectional ownership, thereby openly insulting the victim.

2. On December 13, 2018, at around 00:00 on December 13, 2018, the Defendant drafted a text message stating “the victim’s 31 rooms” using his/her mobile phone and “BBF,” and “in Ulsan, I would like to make it possible for the Defendant to ask what person to the bond business entity and the surrounding person and to change the reputation of his/her reputation.” The Defendant sent the text message to “D (E) and nine cellular phone owners, who are sectional owners of Briart, to publicly insult the victim.”

However, each of the facts charged in this case can be prosecuted only when a complaint is filed pursuant to Article 312(1) of the Criminal Act as a crime falling under Article 311 of the Criminal Act. According to the records, the facts can be acknowledged that the victim expressed his/her wish not to punish the defendant in this court after the indictment in this case was instituted. Thus, all of the facts charged in this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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