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(영문) 제주지방법원 2019.07.19 2019고단447
모욕
Text

The prosecution of this case is dismissed.

Reasons

At around 03:01 on September 11, 2018, the Defendant of the public entertainment room: (a) reported 112 in front of C dan in front of C dan in Jeju on September 11, 2018; and (b) recommended a victim E (23 years of age) who called D dan to stop the Defendant’s act; (c) the Defendant did not return home; (d) the Defendant did not return home to C dan; and (e) the Defendant was sent out of C dan in front of C dan in Jeju on September 11, 2018; and (e) on the same day, the victim E (23 years of age) sent to D dan in front of 02:42 on the same day; (e) provided that “I will grow up as a bit bar, typ, dead, and discarded bit.”

However, this case is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint under Article 312(1) of the Criminal Act. According to the written withdrawal of a complaint prepared by the victim, the victim can have withdrawn the complaint against the defendant on October 4, 2018, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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

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