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(영문) 서울동부지방법원 2014.01.07 2013고단2689
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around 05:10 on August 4, 2013, the summary of the facts charged in the instant case: (a) the Defendant publicly insultingd the victim D, a police officer affiliated with the C district unit, on the ground that the police officer entered the instant case on the ground that he was a police officer, and that there were many civil petitioners who could not know his name because he was found in the C district unit located in Gangdong-gu Seoul, Gangdong-gu, Seoul; and (b) the victim D, a police officer affiliated with the C district unit, “whether he was in a relationship with the C district unit or not, or not, a police officer of the Republic of Korea.”

2. As to the above facts charged, a public prosecution can be instituted only when a complaint is filed pursuant to Article 311 of the Criminal Act. According to the records, since the victim, after instituting the prosecution of this case, made a statement to the effect that he/she would not be punished against the defendant and withdraw the complaint during the examination of the witness, the victim can be acknowledged. Thus, the case which shall be prosecuted only when a complaint is withdrawn, falls under the case where a crime is to be prosecuted, and the public prosecution is dismissed pursuant to Article 327 subparagraph 5

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

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