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(영문) 대구지방법원 포항지원 2016.06.14 2016고단368
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On April 2, 2016, the Defendant, at around 21:20, posted a complaint against the payment of a penalty in violation of traffic laws and regulations in the past on the road in the south-gu C Dag-gu, Nam-gu, Seoul at around 2016, and at the same time, the Defendant d's victim D, who was under the influence of drinking at a time, was able to run the time, and Defendant 3 and several residents are heard, with the victim D’s “this Chewing typ, the old day, put up a Stick.”

The victim E, who was a police officer, who was next to the victim, openly insultingd the victims by saying, “this Chewing impule, age,” who was employed by the victim E, as the victim E was removed.”

2. Determination is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to the records, it can be acknowledged that the victims submitted a written agreement that they would not be punished against the defendant on April 13, 2016, which was after the prosecution of this case, and would not raise any criminal objection. The purport of the agreement is to say that the complaint against the defendant is also included in the intention of revocation.

3. The instant indictment is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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