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(영문) 서울서부지방법원 2014.02.10 2013고정2352
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On December 14, 2012, the Defendant was an employee E and a Si guard of the community service center on the grounds that the Defendant was bad upon obtaining a certificate of personal seal impression from the public service center D located in Eunpyeong-gu Seoul Metropolitan Government (Seoul) around 17:20.

The Defendant publicly insultingd the victim F of the victim who avoided this by openly insulting the victim by referring the victim to the large interest of the “Web kb ” in the presence of the employees of the community service center and the civil petitioners.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which are subject to prosecution only when a complaint is filed under Article 312(1) of the Criminal Act. According to the written agreement submitted on February 7, 2014 in this court, the victim F agreed with the Defendant on January 29, 2014, which was the date of the instant indictment, and entered into a written agreement to the effect that the Defendant would not be held liable for civil and criminal liability, and that the said written agreement would be recognized to have been submitted by mail to this court. Thus, the Defendant’s complaint was revoked.

Therefore, the facts charged in this case fall under the case where a public prosecution can be instituted only when a complaint is filed, and thus the public prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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