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(영문) 의정부지방법원 고양지원 2015.02.13 2015고단35
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the customer B’s convenience store.

Around 20:40 on August 20, 2014, the Defendant made a public insult for about 20 minutes, including, without any reason, a 55-year-old-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and a victim D (55 years of age, women) who entered the convenience store and work as a customer, without any reason before many and unspecified persons.

2. The facts charged in the instant case are those 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.

However, according to the records, the victim can recognize the fact of revoking the complaint against the defendant on December 3, 2014, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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