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(영문) 춘천지방법원 2016.07.19 2016고단328
모욕
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A and B were under drinking alcohol at the frequency of “H” located in Seocheon-gun G on November 4, 2015, at around 21:30, Defendant A and the Defendants expressed alcohol, and Defendant A were urged from the injured party for having expressed desire to I, who is the one of the victims C (n, 36 years of age) who would not be in a common sense. While Defendant A and their customers hear the above frequency of business, Defendant A would have the victim “Wing the same year, the same year, and one year, where they grow up,” and Defendant B would be hard to sell and sell to the victim “Fing theme to be sold at each ticket at each ticket, and to be sold in the future.”

“The term “ was so large as to be”.

Accordingly, the Defendants conspired to insult the victim publicly.

B. The defendant C refers to the "one year" to the victim B (55 years) while the defendant was resisted to the victim A (math, 56 years of age) at the date, time, place, and place described in paragraph 1, and the defendant C refers to the "one year" to the above victim B (5 years of age) while the above frequency of business owners and customers are hearing.

C. The term “I am feas soon as I am. I am. I am. I am.”

Accordingly, the defendant insultd the victims openly.

2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the Criminal Act. According to the records, on July 19, 2016, after the instant indictment was instituted, the victim C expressed his/her wish not to punish the Defendant A and B, and on July 19, 2016, the victim A and B expressed their wish not to punish the Defendant C. This can be seen as revocation of the complaint. Thus, the facts charged in the instant case against the Defendants constitutes revocation of the complaint with respect to a case for which a public prosecution may be instituted only upon the complaint. Thus, Article 327 subparag. 5 of the Criminal Procedure Act is applicable.

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