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(영문) 광주지방법원 2018.01.23 2017고정1826
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was in a relationship between the victim C and the victim C, who was aware of about one year prior to the date of the charge, and was in a relationship with the reputation or reputation that is not good.

A. On October 12, 2017, the Defendant found the victim’s entry into a restaurant while drinking three other drivers and drinking at the Gwangju Northern-gu D and the first floor E restaurant around 17:34, 2017, and on the part of the victim, the Defendant: (a) found the victim, on the ground that the victim had her bath and her walked; and (b) on the part of the victim, such as the owner of the non-name restaurant business; (c) whether the victim “in the inside Gun” is the victim;

Nyman is her mother who will path, her dogmatic, and her mother will be fry A.

지구대에 신고하던지 니 맘대로 해 라’ 고 큰 소리로 말하였고, 이에 피해자가 112 신고하는 것을 보고 피고인은 피해자에게 ‘ 야, 내가 누 군지 알고 신고를 해, 씨 벌 놈아, 콱 때려 브러 너, 내가 지금 분이 안 풀려, 우리 어머니 말을 해 개자식아, 너 우리 어머니 91살 먹은 사람 이 씨 벌 놈 아, 니 미 보지야’ 등이라고 큰 소리로 말하였다.

B. On October 12, 2017, at around 18:24, the Defendant: (a) committed assault against the victim for the reasons such as paragraph (1) and voluntarily accompanied to the office of the Seoul Northern Police Station; and (b) discovered the victim who was drinking in the restaurant, and found the victim who was drinking in the restaurant, and had six persons such as the restaurant proprietor, etc. at the place of six persons: (6).

“The term “assumed” means a large sound.

Accordingly, the defendant openly insultingd the victim.

2. The instant facts charged constitute a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim can be acknowledged as having withdrawn the Defendant’s complaint on December 5, 2017 after the instant indictment. As such, Article 327 subparag. 5 of the Criminal Procedure Act is applicable.

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