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(영문) 의정부지방법원 2016.04.14 2016고정262
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On July 4, 2015, on the road of the management office of the apartment complex B in Namyang-si, Namyang-si, around 15:00, on the ground that the victim C was under investigation as a witness in a separate criminal case against the Defendant and made a statement unfavorable to the victim, the Defendant expressed his/her desire to “Seong-si, Ack-si, Ack-si,” and publicly insulting the victim.

2. The offense subject to prosecution on complaint in the instant case constitutes an offense subject to prosecution on complaint under Article 311 of the Criminal Act and constitutes an offense subject to prosecution on complaint under Article 312(1) of the Criminal Act.

However, according to the records of this case, the victim's withdrawal of the complaint against the defendant on January 11, 2016 is recognized.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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