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(영문) 창원지방법원 2015.08.19 2015고정725
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On September 3, 2014, the Defendant, as the president of the Changwon-si Association of B World Co., Ltd., the summary of the facts charged, at around 18:00 on September 3, 2014, the Defendant argued that “D” store signboards of the first floor E in the upper floor are installed on the wall of the victim C (n, 61 years of age) of the above commercial building. The Defendant publicly insulting the victim by saying, “Cho, kick, kick, kick, kick, kick, kick,” the victim’s signboards are installed on the wall of the first floor.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act. According to the records, the victim can be recognized as having withdrawn a complaint against the Defendant on July 21, 2015, which is after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure Act

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