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The prosecution of this case is dismissed.
Reasons
1. On April 2016, the Defendant, on the street of “C” operated by himself in Busan, Busan, on the ground that the victim D, the chairman of the committee for promotion of the B market modernization project, did not first construct his commercial building, and on the street of other merchants and customers, the Defendant insultd the victim publicly by saying, “I do not have a panty panty fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor.”
2. Determination
A. The facts charged in this case are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint in accordance with Article 312(1) of the Criminal Act. Article 230(1) of the Criminal Procedure Act provides that a complaint may not be filed after the lapse of six months from the date when the victim becomes aware of the offense subject to victim’s complaint
In addition, in light of the fact that the conditions of lawsuit are legitimate and effective requirements of the indictment, the burden of proof for the fact that there was a legitimate complaint within the period of complaint subject to victim's complaint is the prosecutor.
B. The facts charged in the instant case reveal that the Defendant insultingd the victim to a police officer on April 2016 as indicated in the facts charged. According to the records, the victim can be found to have lodged a criminal charge of insult as to the facts charged of the instant case around September 10, 2019, where six months have passed since then, and it is insufficient to acknowledge that the Defendant’s criminal charge was lawful prior to the expiration of the filing period of the criminal charge, and there is no other evidence to prove otherwise.
3. In conclusion, a complaint against the facts charged of this case is illegal as it was filed after the expiration of the period of filing a complaint. Since the prosecution of this case was instituted based on an illegal complaint, it constitutes a case where a prosecution procedure becomes null and void in violation of the provisions of the Act.
Therefore, it is true.