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(영문) 인천지방법원 부천지원 2013.12.18 2013고정1822
모욕등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. Facts charged;

A. At around 20:40 on August 31, 2013, the Defendant: (a) reported that the Defendant interfered with traffic on the road in front of Seocheon-gu, Seocheon-si, Seocheon-si, the Defendant: (b) called the Defendant’s speech that he would leave the hospital, and (c) called the Defendant’s speech that he would leave the hospital to leave the hospital, and (d) requested the Defendant to provide an emergency vehicle by calling at 119 to the hospital; (b) however, the Defendant expressed that the Defendant would not have arrived at the hospital; (c) said, the police officer of the Republic of Korea would be multi-patient; (d) 119 first aid services workers and traffic, etc. who were sent to the scene.

B. The Defendant, who was arrested in the act of committing a crime at the time and time indicated in Paragraph 1, demanded that the Defendant take a patrol car and take a seat to the D District of the Don-U.S. Police Station, wanted to smoke after driving a locked vehicle. However, the Defendant used the chest of the victim E, who was the victim’s slope E, twice as her head.

2. Of the facts charged in the instant case, the offense of insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a complaint is filed under Article 312(1) of the Criminal Act. The offense of assault is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the written agreement on the preparation of the victim E, the victim can be acknowledged as having expressed his/her intent not to have the victim agreed with the defendant on December 13, 2013, which is after the prosecution of the instant case. This constitutes a case for which a complaint is to be filed with respect to a crime, and a case for which the victim’s express intent cannot be prosecuted against the victim’s express intent, and thus, it constitutes a case for which the victim withdraws his/her wish to punish a crime against the victim’s explicit intent.

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