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(영문) 인천지방법원 2014.09.12 2014노2436
모욕
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. The public prosecution of this case shall be dismissed, since the victim of the gist of the grounds for appeal has revoked the complaint before the judgment of the court below was pronounced.

2. Determination

A. On August 9, 2013, at around 12:00, the Defendant, at the “C cafeteria” located in B, No. 109, insultd the victim of the instant facts charged, the victim D taken a short circuit on the said restaurant, and he told D to the extent that the victim “I am to see whether I am in the instant restaurant,” and “I am to am in the place of two other than C cafeterias. I am in the instant building,” thereby openly insulting the victim.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

C. 1) The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, and the indictment may be instituted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act, and according to Article 232(1) of the Criminal Procedure Act, the complainant may cancel the indictment in this case before the judgment of the first instance is rendered. 2) According to the records, the victimD returned to the instant case, and pursuant to the records, on June 26, 2014, prior to the pronouncement of the judgment of the court below, submitted to the court of the court of the original instance for the purpose that "the victim and the victim agree to the mutual consent of the defendant" did not want to punish the defendant, and the victim shall not raise any objection to the criminal offense, and revoked the complaint." Thus, the court below should have dismissed the prosecution in this case pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act

Nevertheless, the court below erred in finding the above facts charged guilty through a substantive judgment.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[A] The summary of the facts charged in this case is set forth in Section 2-A.

same as the entry in this subsection, which is subject to Section 2-c.

For the same reason as described in paragraph (1), a victim's complaint shall be filed.

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