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(영문) 서울중앙지방법원 2020.08.27 2020고정1174
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On October 16, 2019, the Defendant publicly insultingd the victim’s victim B (at the age of 53), who had a dispute with the victim (at the age of 53), while going through several and unspecified persons in front of the Korean Peninsula 1 Seoul, Jung-gu, Seoul, Seoul, the 18:35 on the 16th day of October 2019, stating that “I am the breath of the breath, the breath of the breath, the breath of the breath, the breath of the breath, and the breath of the breath, the breath of the facts charged.”

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

According to the telephone report (statement statement) bound in the public trial records, the victim is found to have explicitly expressed his/her intention not to cancel the complaint against the defendant and not to punish the defendant after the prosecution of this case (see Supreme Court Decision 2011Do17264, Feb. 23, 2012). Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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