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(영문) 인천지방법원 2013.10.01 2013고단4771
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On July 6, 2013, at around 03:00 on July 6, 2013, the Defendant stated that “D” entertainment tavern located in Nam-gu Incheon Metropolitan City, which was reported by the Defendant that the Defendant does not calculate the drinking value, and was demanded by F, G, etc. to pay the drinking value from the victim E, a police officer, who was called out after having received 112 report and received a request from the Defendant, F, and G, etc., the Defendant: (a) stated that “W, rings, face is short, and dead.”

Accordingly, the defendant openly insultingd the victim.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the Criminal Act. According to the records, E, the victim, can be acknowledged as a fact of withdrawing the Defendant’s complaint on or around July 29, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act

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