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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the driving engineer of C Company (hereinafter “instant Company”) and the victim D (56) is the representative of the said Company.
피고인은 2016. 8. 2. 17:10 경 강원 홍천군 E에 있는 이 사건 회사 노조 사무실 내에서 피고 인과 기사 F가 말다툼을 하는 것을 보고 피해자가 이를 제지하자 피해자에게 “ 악덕 업주, 몹쓸 사람, 상 도둑놈이야, 사장인 줄 알면 창피한 줄 알아 라, 쪼다야 ”라고 말을 하여 그 곳 사무실에 있던
The victims were openly insultingd at a place where articles such as F and G are heard.
2. The above facts charged are crimes falling under Article 311 of the Criminal Act, and under Article 312(1) of the Criminal Act, a public prosecution can be instituted only upon the victim’s complaint.
According to the statement of "Submission of Reference Materials" submitted by the defense counsel on January 20, 2017, the victim, after the institution of the instant prosecution, prepared a written agreement (written withdrawal of the complaint) on December 22, 2016, which is after the institution of the instant prosecution, may recognize the fact that the victim voluntarily withdraws the complaint against the defendant and expressed his/her wish not to punish the defendant.
Thus, this part of the facts charged falls under the case where a complaint is withdrawn with respect to a case which can be prosecuted only upon a complaint, and thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.