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The prosecution of this case is dismissed.
Reasons
1. Summary of the facts charged in this case
A. On December 16, 2020, around 16:30 on December 16, 2020, the Defendant assaulted the victim by having d (47 years old) the victim D (the head of the production department) and the internal business problems in the factory factory located in Seo-gu Incheon, Seo-gu, Incheon, on the ground that the victim was dead.
나. 모욕 1) 2020. 12. 7. 경 모욕 피고인은 가. 항과 같은 일시, 장소에서, 위와 같은 이유로 직장 동료인 E 등이 지켜보는 가운데 피해자에게 “야 이 쫌 팽이야, 새끼야, 이 쫌 팽이야, 새끼야 ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.
2) On December 8, 2020, the Defendant made a public insult of the victim by openly insulting the victim in the above plant around 15:00 on December 8, 2020, by stating to the victim, “F, who is a workplace club, shall franced with the victim, who is franced with the victim, “I shall franced with this disease, and to franc with the outcome of the judgment.”
2. Determination
A. (1) Application of the Act on Violence: Article 260(1)2 of the Criminal Act; Article 260(3)3 of the Criminal Act provides that the injured person after the prosecution of the instant case does not want to be punished by the Defendant; Article 327 subparag. 6 of the Criminal Procedure Act
B. Article 1 of the applicable law: A crime of insult under Article 311(2) of the Criminal Act: Article 312(1)3 of the Criminal Act provides that the injured person after the prosecution of the instant case shall revoke his/her complaint against the Defendant; 4) A judgment dismissing the public prosecution: Article 327 subparag. 5 of the Criminal Procedure Act