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(영문) 서울남부지방법원 2020.02.19 2019고정1127
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around April 14, 2019, the summary of the facts charged is as follows: (a) around April 13, 2019, the Defendant posted a motion picture with the Defendant’s name “C” as “D”, a channel in which many unspecified people can see at a non-permanent location; (b) around April 13, 2019, the Defendant posted a motion picture with the Defendant’s name “A” and the page “E,” etc., “E,” which refers to the victim E at the luminous square, and is displayed on the screen of the suspension of the above notice, and publicly insulting the victim by stating “I” as “Iste E, such as prote.”

2. The facts charged in the instant case are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

According to the records, it can be recognized that the complainant E submitted to this court a written application for non-prosecution on January 30, 2020, which indicates the cancellation of the complaint against the defendant, after the prosecution of this case was instituted.

The facts charged of this case constitute revocation of a complaint with respect to a case which can be prosecuted only upon a complaint, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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