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The public prosecution against Defendant A in this case is dismissed.
Reasons
1. 공소사실 피고인은, 2013. 6. 19. 03:45경 수원시 팔달구 C에 있는 ‘D’ 주점 내에서 주취자 신고를 받고 현장 출동하여 술값을 지불하고 귀가할 것을 권유한 수원서부경찰서 E파출소 순경 F에게 "야이 씨발 경찰관아! 니 마음대로 해라, 씨발 세끼야, 니가 뭘알아, 경찰관이면 다냐, 씨발놈아“라며 욕설하는 등 신고자 G 등이 있는 장소에서 약 10분간 욕설하여 공연히 모욕한 것이다.
2. According to the records of this case, the prosecutor discovered the fact that H misrepresentation was caused to A, and corrected the Defendant’s indication in the indictment of this case to H as a mother, a mother, from the beginning, the prosecution of this case is effective against H, and the prosecution of this case does not affect the mother, a mother, and the prosecution of this case against A does not affect the mother.
However, A, after receiving notification of summary order, has obtained the status of the defendant in the form of procedural acts such as requesting formal trial after receiving notification of summary order, but it is deemed that there was no legitimate institution of public prosecution against A, who is the mother, so the prosecution against A is dismissed by analogical application of Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.