Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the president of the organization B, who is the defendant. From around 10:00 on December 30, 2015 to the fourth floor lecture room of the D community service center located in Dongdaemun-gu Seoul Metropolitan Government, the victim E expressed that "the victim E is demoted at the community service center with the change of the E fraud" to 23 persons, and openly insult the victim. On December 30, 2015, the defendant completed a private lecture on the second floor of the above place at around 13:00 on December 30, 2015, and then openly insulting the victim by stating that "the victim who is demoted to this fraud" is the victim with the 23 students, "I am the change of this fraud."
2. The facts charged in the instant case are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a victim’s complaint under Article 312(1) of the Criminal Act. According to the statement of “the head of withdrawal of complaint” bound in the trial records, the victim’s withdrawal of the complaint against the Defendant on May 2, 2016, which was after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.