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(영문) 서울중앙지방법원 2017.01.24 2016고단6574
협박등
Text

The prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. Around May 27, 2016, the Defendant’s insultd the victim E (3) in the elevator of the Seocho-gu Seoul Metropolitan Government D apartment on May 27, 2016, while three residents in a name in secret are reported on the elevator, and on the part of three residents in a name in secret, the Defendant’s insulted the victim’s 1.5.

Under this title, the victim was openly insultingd by brushing the large brush “Woo”.

2. The Defendant, around May 27, 2016, on the 19:10 on May 27, 2016, in front of the residential entrance of the victim E (42 older) in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government apartment building, on the ground that the victim did not hear his/her own opinion, “the wom wom of the same wom wom.”

Bagh Bab

“.....”, “This satis not yet satisfyed” and “Ne company”.

After the end of one month, the Corporation expressed one inner part, and acted as the victim was frighting on the drinking, thereby threateninging the victim as if he did so. If the victim did not respond to his request, he threatened the victim as if he would inflict any harm on his life or body.

Of the facts charged in the instant case, the offense of insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when a complaint is filed under Article 312(1) of the Criminal Act. The offense of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

In this regard, on January 19, 2017, the victim revoked the complaint and expressed his wish not to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 and subparagraph 6 of the Criminal Procedure Act.

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