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(영문) 대전지방법원 2016.09.23 2016고정617

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person using Adi “C” in the online game “Spanish social gathering” operated by the N. D. The Defendant is a victim D who uses the above online game on September 1, 2014, and therefore, he is able to use the victim D’s ID “E” on September 18, 2014. The Defendant would be well aware of the fact that: (a) the Defendant she is a student of the lower-class life in South Korea; and (b) the people live in South Korea by giving priority to the personality of the human being and throughout his life.

In addition to posting a letter "Yeung", from around that time to the next day, 9 times in the above scambling book "31", scambling, scambling, and scambling, scambling, and scambling, dymar, scamba.

A notice to the effect of slandering the victim, such as “the abolition of the life-long of the downstream,” or “the death of the HHE,” was openly insulting the victim in a way that allows many and unspecified visitors to the above victim’s list to view it.

2. The facts charged in the instant case are the crimes falling under Article 311 of the Criminal Act, which may be prosecuted only upon the victim’s complaint pursuant to Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date on which the victim becomes aware of the offense subject to victim’s complaint.

According to the records, the victim discovered the writing prepared by the defendant around September 2014 and posted it on nine occasions as shown in the facts charged, and at that time, it can be recognized that all of them were deleted immediately. The victim knew that he/she insultd the victim around September 2014, which deleted all the Defendant’s writing, and the victim filed the complaint in this case on November 25, 2015, which is obvious for six months thereafter.

Therefore, the complaint of this case is filed after the lapse of the filing period, and the indictment of this case is filed in accordance with unlawful complaints.