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(영문) 대구지방법원 2017.09.13 2017고정1372
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who carries out a washing business in the name of the Daegu Suwon-gu, which is the Co., Ltd.

A. At around 10:00 on February 14, 2017, the Defendant: (a) received a provisional attachment order from the Daegu District Court 2017Kao 2017 to 461, and conducted provisional attachment execution for corporeal movables in the said workplace; (b) in the circumstances where three enforcement officers entrusted with the execution of the provisional attachment and four and five employees, such as the E director of the said Dispute Settlement Co., Ltd. (C), from among the three and five employees, the Defendant “Yei e, Ii e, Ii e, Ii e, Ii am, Ii am, Ii am.

In a large sense, the victim openly insultingd the victim.

B. On February 20, 2017, the Defendant publicly insultingd the victim by openly insulting the victim, “F, who is an employee of the said KCAC, and an investigator and a civil petitioner who is not aware of his/her name, who is an employee of the said KCAC, and a civil petitioner who is not aware of his/her name, in the fact of Article 2 of the Daegu-gu Employment and Labor Agency of the Republic of Korea, Daegu-gu, Daegu-gu Office of Labor.”

2. The offense of insult is an offense falling under Article 311 of the Criminal Act, and a public prosecution may be instituted only upon complaint under Article 312(1) of the Criminal Act.

According to the records, the complainant D, after the indictment of this case, was revoked on September 12, 2017, which was after the indictment of this case.

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

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