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(영문) 대구지방법원 2014.10.15 2014고단2969
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. Around February 2013, the Defendant insultd the victim on the ground that “D” offices operated by Daegu-gu Dong-gu Seoul-gu Office with ten persons, such as C and E, “A” were openly bling and drinking only once, and the Defendant’s appearance was too much so high that it is too high that the Defendant would have good.”

2. In the case of a crime falling under Article 311 of the Criminal Act, a public prosecution may be instituted only upon a victim’s complaint pursuant to Article 312(1) of the Criminal Act. Article 230 of the Criminal Procedure Act provides that a victim’s complaint subject to victim’s complaint shall not be filed after the lapse of six months from the date on which the victim becomes aware of the offender

According to the records of this case, it is reasonable to view that the victim was aware of the fact that the defendant was a criminal of insult on the grounds that he/she made a statement from a police officer C as at February 2013 that he/she was the criminal of insult. According to the records of the written complaint, the victim was found to have filed a complaint with an investigative agency on January 10, 2014, which is obvious that six months have elapsed from the victim, and the above complaint is unlawful since it was filed subsequent to the expiration of the filing period.

3. In conclusion, the public prosecution of this case is instituted pursuant to the above illegal accusation and thus, it is invalid in violation of the provisions of the law. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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