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(영문) 서울중앙지방법원 2014.08.11 2014고정3424
모욕
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant B, around April 22, 2014, around 00:30 on April 22, 2014, at around 00:620, Defendant B came to fall under each other as a matter of having the attendance place prior to the “D” operated by the victim A of the first floor of the building C in Jung-gu Seoul, Seoul.

Defendant B committed assault against the victim A, such as taking the victim A’s chest by “the aged and older”, and taking the victim A’s chest.

B. Defendant A, as seen above at the above place, and the surrounding merchants and security guards were able to observe the victim A’s “hythical youth”, Defendant A insulting the victim B by openly referring to “hythical youth.”

2. Determination

A. Defendant B’s assault crime is a crime (Article 260(1) and (3) of the Criminal Act) which cannot be prosecuted against the victim’s express intent. The victim A expressed his/her intent not to prosecute the Defendant on August 11, 2014, after the prosecution of the instant case, and thus, the prosecution against Defendant B is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

B. The offense of insult Defendant A is a crime (Article 312(1) and Article 311 of the Criminal Act) which can be prosecuted only upon the filing of a complaint. The victim A revoked the complaint against the Defendant on August 11, 2014 after the institution of the instant indictment. As such, the prosecution against Defendant A is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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