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(영문) 광주지방법원 2013.12.27 2013고단5038
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. From October 15, 2013 to around 22:10, the Defendant: (a) expressed that the Defendant, upon receipt of the report, was shouldered with the body of the police officer of the District C District Police Station, D, E, F, and G, a police officer of the C District Police Station, who was used on the road under the influence of alcohol; (b) on the ground that he was stringing the body of the Defendant, who was under the influence of alcohol; and (c) on the part of the residents and students, the Defendant expressed an article to the victims while she was under the influence of alcohol; and (d) expressed that, for about 20 minutes, the Defendant took a heavy bath for 20 minutes, “Chewing typ, E, F, and G, a police officer of the C District Police Station, who was sent to the Defendant.”

Accordingly, the defendant insultd the victims openly.

2. The board of directors is a crime falling under Article 311 of the Criminal Act and may institute a public prosecution only upon the victim’s complaint under Article 312(1). The Defendant, after institution of the instant public prosecution, submitted a written withdrawal of the complaint by the victim D, E, F, and G stating that “I would withdraw the complaint because I agreed not to impose civil and criminal liability on the case of insult” on November 28, 2013, which was the date of institution of the instant public prosecution. As such, the Defendant submitted a written withdrawal of the complaint (the Defendant shall supplement each of the certificates of personal seal impression of the above victims attached to the written withdrawal of the complaint in December 9, 2013). Accordingly, the instant public prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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