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(영문) 서울남부지방법원 2013.04.23 2013고정834
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. At around 06:20 on May 29, 2012, the Defendant publicly insultingd the victim on the road where multiple traffic passrs pass through, on the following grounds: (a) the victim, who was called up after receiving a report of fighting in front of the Seoul Guro-gu Seoul Metropolitan Government Branch of the Seoul Guro Police Station C District; (b) “A police officer’s flasium, flasium flasium, flasium flasium, and a large number of persons with strong criminal flasium flasium”.

2. We examine the judgment. It is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim's complaint pursuant to Article 312(1) of the same Act. According to the witness D's legal statement, the above victim can be found to have cancelled the complaint against the defendant on April 23, 2013, which is after the prosecution of this case.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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