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(영문) 서울북부지방법원 2014.06.18 2014고단1342
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who is a small shareholder of the company B, was admitted to the Internet NABP “C” created by the shareholders of the said company, but was forced to leave the Republic of Korea by the victim on the ground that he was elected as the representative of the said Kapet and written a malicious notice.

After that, the Defendant joined the “E” camera, the number of members of which is similar to the above car page, and used the NAF to act as a member.

On September 1, 2013, the Defendant, at around 11:51, 201, posted the “G” by the victim of the previous car page, and “D,” and “D, by means of a written statement, stating that it would bring about the members of the members, such as harmony, unity, and unity, and all others, and would bring about all things.” The Defendant, at the same time, expressed that the Defendant was forced to leave the previous car page by the victim, was bad. The Defendant publicly insulting the victim by means of writing a written statement, i.e., “W.”

2. We examine the judgment, and the facts charged are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.

However, according to the written agreement and written withdrawal of a complaint made by D bound in the trial records, the complainant shall be acknowledged on May 22, 2014, which was after the institution of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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