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(영문) 대구지방법원 2018.10.15 2018고정1008
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged was around 14:02 on February 7, 2018, the Defendant, at the Defendant’s residence of 209 Dong 603, Busan Northern-gu, Busan, 201, connected with D (A) with the cryping room “C” during the cryping room at the Defendant’s residence, which is the instant cryping service, and the Defendant expressed the victim G while referring to the victim G from among other members, such as F.

Accordingly, the Defendant publicly insultingd the victim.

2. The facts charged in the instant case are the crimes falling under Article 311 of the Criminal Act, and may be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

However, according to the statement of withdrawal of complaint received from this court on September 19, 2018, which was after the prosecution of this case, the victim's withdrawal of complaint against the defendant is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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