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(영문) 창원지방법원 통영지원 2014.12.30 2014고정484
모욕
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: “The Defendant publicly insultingd the victim E by referring to the victim E while there are 60 sexual intercourses from the distribution of the second floor of the Diplomatic Association in Tong Young-si on February 9, 2014 to the 11:30 of the instant case.”

However, since this part of the facts charged falls under Article 311 of the Criminal Act, the prosecution can be instituted only when a complaint is filed pursuant to Article 312(1) of the same Act.

However, according to the records, the victim can recognize the cancellation of the complaint against the defendant on December 29, 2014, which was after the prosecution of this case.

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

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