The Defendant, by referring to F(36N, South Korea) as the complainant, posted a letter on the Defendant’s D professional pen photo, stating “Korea’s lower floor is a mentally ill person,” thereby openly insulting the complainant.

Judgment

The facts charged in the instant case fall under Article 311 of the Criminal Act, and can be prosecuted only when an accusation is filed under Article 312(1) of the Criminal Act.

However, according to the records, it is recognized that the withdrawal of the complaint in the name of the victim was submitted to the court on May 30, 2019 after the instant indictment was instituted on March 19, 2019.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since the public prosecution of this case falls under the case where a complaint is withdrawn.