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(영문) 서울서부지방법원 2019.08.23 2019고단2074
모욕
Text

Each public prosecution against the Defendants is dismissed.

Reasons

Public Prosecutor's Office

1. On January 26, 2019, Defendant A: (a) around 02:30 on January 26, 2019, the Defendant: (b) took a dispute over the issue of gathering and moving the Victim E, a customer, around the club located in Mapo-gu Seoul Metropolitan Government; (c) took a warning of the victim’s “sexually indecent act” from the victim; and (d) took a police officer who was in the said place, and was in the said place, and the victim before many and unspecified persons, insulting the victim.

2. Defendant B, at the same time and place as in paragraph (1), reported the Defendant’s friendship E and the victim’s friendship E and the same reasons as in paragraph (1) to the Defendant, and told the victim as “protruding-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-open-airing-open-airing-airing-open-up

Maz.

1. The facts charged against Defendant A are crimes falling under Article 311 of the Criminal Act, and may be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

According to the records, it can be recognized that the victim E submitted a written agreement and a written confirmation of non-taxation to punish the defendant around April 29, 2019.

Pursuant to subparagraph 5 of Article 327 of the Criminal Procedure Act, this part of the prosecution is dismissed.

2. The part of the charges against Defendant B is an offense falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. The part of the charges against Defendant B is an offense falling under Article 260(1) of the Criminal Act and is not prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, it can be recognized that the victim A submitted a written agreement and a written confirmation that he/she would not want punishment against the defendant around April 29, 2019.

This part of the public prosecution is dismissed in accordance with Article 327 subparagraphs 5 and 6 of the Criminal Procedure Act.

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