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(영문) 광주지방법원 목포지원 2016.01.22 2015고단1717
모욕
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is the operator of the D cafeteria located in Hepo City, and the victim E is the operator who operates the F cafeteria in the f cafeteria of the Defendants’ establishment.

On October 23, 2015, around 18:30 on the road in front of the F cafeteria located in C, the Defendants: (a) in the front of the F cafeteria on October 23, 2015, the Defendants: (b) in the front of the F cafeteria; and (c) in the front of the F cafeteria building, the Defendants: (a) the victim E was placed a sign of prohibition of parking; and (b) the victim E was placed only on the part of the victim E, for the reason that the vehicle is parked by receiving the keys from the Defendants to his customers; and (c) the vehicle

When parking is parked, the expression “the same year as that of the camp,” “the children of the day,” “the children of the day,” “the children of the day,” “the mentally ill,” and “the children of the same year between the port and the day,” and “the children of the same year,” and the Defendant B expressed a great voice with “the children of the same year in the night,” “the mentally ill,” “the children of the same year,” and “the children of the end,” respectively.

Accordingly, the Defendants, as seen above, have 3-4 persons around the surrounding merchants, and publicly insulting the victims by taking a bath.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and the prosecution may be instituted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim’s withdrawal of the complaint against the Defendants on December 21, 2015, which was after the prosecution of the instant case was instituted. Thus, the prosecution against the Defendants is dismissed in entirety pursuant to Article 327(5) of the Criminal Procedure Act.

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