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(영문) 서울동부지방법원 2016.08.16 2016고정1156
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On November 28, 2015, the Defendant insultingd the victim C by transmitting text messages containing the phrase “abson hump hump hump hump [hump C] hump hump hump hump] to an unspecified number of members of the Pharmaceutical Association,” using his mobile phone in Seoul Central-gu, Seoul.

2. We examine the judgment. It is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a complaint under Article 312(1). According to the statement in the letter of withdrawal of a complaint filed in the trial records of this case, the victim may recognize the fact that the complaint was cancelled against the defendant on August 1, 2016, which is the date of the prosecution of this case.

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

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