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(영문) 광주지방법원 목포지원 2016.07.22 2016고단572
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On May 12, 2016, the summary of the charge is as follows: (a) on May 12, 2016, 2016, the Defendant reported 112 to C with a trial expense and desireing to do so; (b) the victim D, the police officer dispatched to the scene upon receiving the report on the damage, asked the Defendant about his personal information; and (c) the Defendant provided the Defendant with a view to “Ise fri f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

2. The facts charged of the instant case are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the same Act. According to the records of the instant case, the victim expressed his/her intent not to be punished against the Defendant on June 3, 2016, which is after the instant indictment, and it is reasonable to view that the victim expressed his/her intent not to cancel the instant complaint.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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