The prosecution of this case is dismissed.

공소사실의 요지 피고인은 2013. 1. 중순경 대구 서구 C호텔 인근의 ‘D식당’에서, 피해자 E 및 다른 일행들과 함께 식사를 하던 중 피해자 E을 향해 “남자랑 붙어 처먹은 년, 씹을 함부로 벌리고 다니는 년, 붙어 처먹은 년, 씨발년, 화냥년, 야 이년아 씹줬나.”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

The reason for dismissing the public prosecution is the crime falling under Article 311 of the Criminal Act, which is the case in which the public prosecution can be instituted only upon the victim’s complaint under Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date on which the victim becomes aware of the offense subject to victim’s complaint. Here, “the date on which the victim becomes aware of the offender” refers to the date on which the offender becomes aware

However, according to the records, it can be acknowledged that the victim submitted a written complaint to the police station on October 7, 2013, which contains the statement that he/she had expressed a bath, such as the statement in the facts charged, from the defendant around January 2013. The victim knew that he/she insultd the victim around January 2013, the date of the crime.

It is apparent that the complaint of this case was submitted in six months after it was filed.

Therefore, the above complaint is illegal since it was filed after the lapse of the period of filing the complaint, and the prosecution of this case is also illegal, and thus, it constitutes a case where the procedure of filing the complaint is null and void for the purpose of law.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.