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(영문) 광주지방법원 2014.01.23 2013고정2071
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On April 25, 2013, the Defendant: (a) around 21:33 on April 25, 2013, the victim F (the age of 48) taken the said vehicle into a mobile phone on the ground that the E Costaex passenger car owned by the Defendant was illegally parked in the same way as that of other vehicles, which is located in the Nam-gu Gwangju metropolitan area, was obstructed by the progress of other vehicles.

The Defendant stated, at a place where many and unspecified people are located, that it is softened as to why you can see why you can do so, and the Defendant stated, “Woo far, such as bottled, is not so illegal, but grow up as to be fard.”

Accordingly, the defendant openly insultingd the victim.

2. The case is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

On the other hand, on January 23, 2014, the victim appeared as a witness in this court and expressed his wish not to punish the defendant, which can be seen as cancellation of complaint.

Ultimately, the above facts charged constitute a case where a public prosecution can be instituted only upon a complaint, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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