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(영문) 대구지방법원 2014.11.20 2014고단5057
모욕
Text

Each of the instant public prosecution against the Defendants is dismissed.

Reasons

Defendants A and B of the facts charged are the representatives of apartment occupants, who are not good in a usual sense as the apartment operation system.

1. On August 9, 2014, at around 19:25, Defendant A entered the management office for drinking drinking water within the Daegu North-gu C apartment management office, and received a report on business from a security guard at the same time, Defendant A, on the ground that “the victim B, who was in receipt of a report of business from the security guard, did not bring about drinking water at home” and “the victim B, who was in receipt of a report of business, was sexually insulting.”

2. Defendant B assaulted the victim A’s humbling on the ground that the victim’s humbling was bad, “I am humbling about his age,” and his flabbbage was flad and shake.

The facts charged under paragraph (1) above are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a complaint under Article 312 of the Criminal Act. The facts charged under paragraph (2) above are the crimes falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the will expressed by the victim under paragraph (3) of the same Article.

According to the records of this case, it is recognized that the defendants agreed to each other after the prosecution of this case, and it is recognized that the victim Eul expressed his/her intent to revoke the complaint against the defendant Eul, and the victim Gap expressed his/her intent not to be punished against the defendant Eul. Thus, the facts charged under paragraph (1) of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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