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(영문) 서울동부지방법원 2013.07.25 2013고정1086
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around 05:05 on January 30, 2013, the Defendant: (a) was receiving a report of damage from the victim of the assault case in the Gwangjin-gu Seoul Special Metropolitan City’s “Magjin Police Station” criminal room; (b) recommended the victim to return home due to the difficulty in preparing a report of damage by recording, etc., the Defendant, at the location where other persons related to the instant case C, etc. have a high sound to the criminal police officer D (29, South), slope E (45, South), slope F (44, South), G (34, South) and G (34, South).

Accordingly, the defendant insultd the victims openly.

2. As to the above facts charged, a public prosecution can be instituted only when a complaint is filed pursuant to Article 311 of the Criminal Act. According to the records, the victims can recognize the fact that they submitted a written withdrawal of a complaint to the effect that they would not be punished after the prosecution of this case. Thus, the case which shall be prosecuted only when a complaint is withdrawn, and the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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