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(영문) 청주지방법원 2019.10.15 2019고단1827
모욕등
Text

The prosecution of this case is dismissed.

Reasons

The facts charged of this case are as shown in the attached Form.

1. As to the insult, this is a crime 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.

According to the statement of the withdrawal of a complaint and the written agreement submitted to this court, it can be recognized that the victim B revoked the complaint against the defendant on August 19, 2019, which was after the prosecution of this case. Thus, this part of the indictment is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

2. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation), this is a crime falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the intent specifically manifested by the victim under paragraph

According to the statement of withdrawal of a complaint and the written agreement submitted to this court, the victim B may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on August 19, 2019, which was after the institution of the instant indictment. Thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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