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(영문) 인천지방법원 부천지원 2016.08.19 2016고정330
모욕등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. A. Around 04:50 on January 3, 2016, the Defendant insulting the victim for the reason that the victim D was fluored on the road in front of Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, for the reason that he was fluored by the victim D on his own. As a result, among the victims, E, F, etc., the Defendant made a public insult of the victim by “the victim hum humb hum for the same year as this har humb hum

B. At the same date, time, and place as the above paragraph, the Defendant: (a) the victim E (or 21 years of age) was the Defendant “hicking to her friend in her natives.”

“A defect in this subsection, the victim’s face was frighthioned and the victim’s face was frighthioned on the ground that the victim F (year 21) continued to restrain her behavior, and that the victim F (year 21) committed assaulting the victims when he/she was frighth and frighth on the ground that he/she was unable to act.

2. Of the facts charged in the instant case, the charge of insult is a crime falling under Article 311 of the Criminal Act and can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. Of the facts charged in the instant case, each of the facts charged 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. The victim D’s complaint against the Defendant on August 19, 2016, which was after the institution of the instant indictment, submitted a written agreement that the victim E and F does not want the Defendant’s punishment. Accordingly, the prosecution against the facts charged in the instant case is dismissed in entirety pursuant to Article 327 subparag. 5 and 6 of the Criminal Procedure Act.

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