The prosecution of this case is dismissed.

1. 공소사실의 요지 피고인은 2013. 6. 17. 00:31경 인터넷 다음카페 B에 아이디 'C'(닉네임. D)로 피해자 E 내용의 ‘F’ 게시글에 접속하여 'ㅇㅅㅇ성괴 벌레다 으악'라는 댓글을 게시하여 레이싱 모델인 피해자 E를 공연히 모욕하였다.

2. The reason for dismissing the public prosecution is the offense of insult as stated in the facts charged in the instant case, which falls under Article 311 of the Criminal Act, and can be prosecuted only upon complaint under Article 312(1) of the Criminal Act.

However, according to the statement of withdrawal of a complaint prepared by E’s agent G which is bound in the records, E, the complainant, after the indictment of this case, can be acknowledged on February 9, 2015.

Therefore, in this case, the public prosecution is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act, since the withdrawal of a complaint with respect to a case which can be prosecuted only upon a complaint.