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(영문) 대전지방법원 천안지원 2017.04.21 2017고단108

모욕

Text

The prosecution of this case is dismissed.

Reasons

1. On March 2, 2015, the Defendant: (a) as a pastor of the C church on March 2, 2015, at around 11:30, at the E church located in Seo-gu, Seo-gu, Seocheon-gu, the Defendant held 30 pastors among the F church meetings consisting of 35 church meetings, a group of 35 church churches located in Seo-gu, Seocheon-gu; (b) on the ground that he did not recognize that he was a candidate even though he was a candidate through his voting, he did not go to the victim; and (c) on the ground that he filed a complaint with the victim, the Defendant “any human being with no such a furner, who is a human being with no such a furner, and therefore there is no end.

In a large sense, the complainant publicly insulting the complainant.

2. The judgment is the case falling under Article 311 of the Criminal Act, which can be prosecuted only when a complaint is filed under Article 312(1) of the Criminal Act. Article 230(1) of the Criminal Procedure Act provides that with respect to a crime subject to victim's complaint, a complaint may not be filed after the lapse of six months from the date on which the offender becomes aware of the crime subject to victim's complaint.

According to the accusation, the police statement by the victim, etc., the victim was aware that the defendant was a criminal on March 2, 2015, which was the day of the crime.

The complaint of this case brought on December 7, 2015, which had been filed more than six months after the lapse of the time limit for filing the complaint of this case, shall be deemed to have been filed after the lapse of the time limit for filing the complaint.

Therefore, the public prosecution of this case is instituted based on an illegal complaint, and the procedure of public prosecution is null and void in violation of the law, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.