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(영문) 인천지방법원 2015.02.06 2015고정151
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On October 30, 2014, around 03:55 on October 30, 2014, the summary of the facts charged is that the victim D (the 29 years of age) who had drinking alcohol within the main point of "C" of the Nam-gu Incheon, Nam-gu, Incheon, and the third floor of "C" had no identification of the number of customers who had drinking alcohol to another customer, and thus, the victim’s public insultd the victim by openly obsing the victim at a large voice on the following occasions: (a) where the number of customers could not be identified; (b) the year that caused the occurrence of the event; (c) the year that caused the occurrence of the event; and (d) the year that caused the loss

2. The facts charged in the instant case constitute a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. Since the victim’s withdrawal of the complaint against the Defendant was submitted on February 5, 2015, which was after the prosecution of the instant case, stating the intent to revoke the complaint against the Defendant, the prosecution of the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act

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