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(영문) 대구지방법원 2018.10.11 2018고정961
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a member who was enrolled in the Vietnam repository (www.bebe.com) (www.com) as a member of the Internet community called “AdB” and “B”C.

On March 27, 2018, the Defendant posted a notice to the effect that the Defendant posted on the said site as the title "D", which was posted on the said site, was viewed.

The above notice was written to the purport that, “A”’s national “A” delivery, i.e., “A, the victim E-rayed by the victim,” “B, by making use of the photo of the former president and making it possible for customers using “B,” and not ordering “B,” and this article was written to the effect that more customers were the customers by making orders to the said customers.

Defendant 1 written comments on the above posted “The low-finite-finite-finite-finite-finite-finite-finite-finite-finite-finites were

지들 빨갱이 대통령은 신격화하고 우파대통령은 희화화했으면 닥치고 있었을 씨 발 새끼기 ㅋㅋ 영세업자 인성수준 씨 발 ㅋㅋ 못 배워 먹었으니 저딴 가게나 운영하고 있지 ”라고 게시하였다.

Accordingly, the defendant openly insultingd the victim.

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

However, according to the statement of withdrawal of complaint received from this court on October 5, 2018, which was after the prosecution of this case, the victim's withdrawal of complaint against the defendant is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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