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(영문) 광주지방법원 2016.02.05 2015고정1775
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On July 29, 2015, the Defendant: (a) driven a B car around 15:00, while going in violation of pedestrian signal, and discovered and immediately stopped the victim E (51) who is standing a crosswalk pursuant to the new subparagraph while driving the D car in Gwangju East-gu, Gwangju-gu; (b) and (c) while being in dispute with the victim, many people, such as the victim, who have been suffering from the said accident, expressed the victim a large sound that “the victim is frighten, such as a fright, a fright, and a fright,” thereby openly insulting the victim.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the records, the facts can be acknowledged on February 2, 2016, which is the date of the instant indictment, as the E expressed its intent to revoke the Defendant’s complaint. Thus, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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