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(영문) 서울동부지방법원 2016.06.14 2015고정1788
모욕
Text

Of the facts charged in the instant case, the indictment against insult is dismissed.

Of the facts charged of this case, defamation.

Reasons

1. Judgment on the primary facts charged

A. A. Around March 2014, the summary of the facts charged is as follows: “The Defendant, at the D University’s 601 hall located in Seongbuk-si, Sungnam-si, the E and F, “G professors, the Fire Prevention and Fire Prevention Agency, good, and it would be difficult for the Defendant to perform such tasks in the future. The R&D of the Fire Prevention and Fire Prevention Agency; D people concerned will cause inconvenience to the subjects of G professor’s research.” On April 2014, 201, the Defendant publicly insulting the victims of the instant crime by saying, “after having been marked in the G professor and Fire Prevention Office, it would be possible to succeed to the task after being marked in the G professor and Fire Prevention Office.”

B. The judgment of this part of the facts charged is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon a complaint under Article 312(1) of the Criminal Act. According to Article 230(1) of the Criminal Procedure Act, a complaint may not be filed after the lapse of six months from the date on which the offender becomes aware of a crime subject to victim's complaint.

However, according to the records of this case, the victim filed a complaint on January 28, 2015, which was clearly affected by the fact that six months have passed since the occurrence of this case, and such complaint was filed after the lapse of the time limit for filing the complaint.

Therefore, this part of a public prosecution is deemed to be null and void because the procedure of public prosecution was instituted based on an illegal complaint, and thus, this part of the public prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

2. Judgment on the ancillary facts charged

A. The summary of the facts charged lies in the E and F’s 601 research center located in Seongbuk-si, Sungnam-si, the Defendant at the end of March 2014, in which the E and F’s 601 research institute, “G professors and fire fighting fighters have good questions, which would be difficult to future tasks. R&D of the Fire Fighting Station; and D-related people’s studies on GIST professors.

"", and the victim G is located in the E and F place in the D University H laboratory on April 2014, 201.

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