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The prosecution of this case is dismissed.
Reasons
1. On April 21, 2014, the summary of the facts charged of the instant case: (a) the Defendant had access to Fceok by using a computer at the Defendant’s house located in Gwangju-si B by using a computer at the Defendant’s house located in Gwangju-si; and (b) posted a picture of the surviving families of the victims of the Sewol ferry disaster during the Sewol ferry, and “if this is the parents of the victims at the end of the time, and the surviving families are the parents of the victims at the end of the time, it can be said that the
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“The family members of the victims of the Sewol ferry, including patent D, were insulting by posting the word “”.
2. The facts charged against the accused are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the filing of a complaint under Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that with respect to an offense subject to prosecution subject to prosecution, a complaint shall not be filed after the lapse of six months from the date on which the accused becomes aware of the offense subject to prosecution.
A criminal complaint is a declaration of intent that the complainant reported a certain criminal facts to an investigative agency to seek the punishment of the criminal, and such criminal facts should be specified. However, the specific degree of the criminal facts can only be confirmed by specifying the criminal facts of the complainant's specific intent, and it does not require the complainant to specify the criminal facts in detail (see Supreme Court Decision 87Do1114, Oct. 25, 198, etc.). The main text of Article 230(1) of the Criminal Procedure Act provides that a criminal complaint shall not be filed six months after the date on which he/she becomes aware of the criminal facts in relation to a crime subject to victim's complaint. Thus, it means that the complainant becomes aware of the criminal facts to the extent that he/she can identify the criminal, and by recognizing the identity of the criminal facts to the extent sufficient to identify the criminal, the name, address, and age of the criminal.