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(영문) 의정부지방법원 고양지원 2013.06.10 2013고정718
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a person who is working as the representative of the Goyang-gu Busan Metropolitan Government B apartment unit in Goyang-gu.

On July 27, 2012, the Defendant held a council of occupants' representatives at the apartment management office around 19:30, and held five representatives and the victim C discussed matters related to accounting audit expenses and related agenda items in the presence of the victim C, the Defendant publicly insultingd the victim by “Yeiei ma, Yi Ma, Yi Ma, Yi Ma, Mai Ma, Mai Ma, Mai Ma, Mai Mae.”

2. The case is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the complaint of the victim under Article 312(1) of the Criminal Act.

However, according to the trial and records of this case, it can be recognized that C cancelled the complaint against the defendant on June 3, 2013, which was after the indictment of this case was instituted.

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

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