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(영문) 창원지방법원 마산지원 2020.02.06 2019고정344
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On January 24, 2019, the Defendant posted a statement on the victim C in the Changwon-si District B Housing Redevelopment Project Association (hereinafter “Union”) with respect to “B district representatives of a cooperative association” in which approximately 70 members of the Changwon-si District B (hereinafter “cooperative”) participate,” which read, “In this case, the victim C ought to have a mental disorder if he or she look at. I want to look at the opening of the opening of the frith, and you want to look at the opening of the frith, and the opening of the frithm is the brithm, but the opening of the frithm is the brithm, but the opening of the brithm is the brithm, etc., from January 23, 2019 to June 24, 2019.”

B. On May 27, 2019, around 10:10 on May 27, 2019, the Defendant made a public insult of the victim by openly insulting the victim, following the Defendant’s hearing by many members, such as members F, etc., at the office of the Housing Redevelopment and Improvement Project Association in the zone B where D Prize is located in the Changwon-si, Changwon-si.

C. At around 12:30 on June 20, 2019, the Defendant publicly insultingd the victim by openly insulting the victim, following the Defendant’s hearing by G and H, etc. at a river located in a member of the Masan-si, Changwon-si, Changwon-si.

2. The facts charged in the instant case can be punished for a crime falling under Article 311 of the Criminal Act only when a victim’s accusation is filed under Article 312(1) of the Criminal Act.

However, according to the agreement submitted on February 5, 2020 after the prosecution, the victim expressed his/her intention not to be punished against the defendant, which may be prejudicial to the withdrawal of the complaint.

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

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