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(영문) 서울남부지방법원 2020.08.19 2020고단2628
모욕
Text

The prosecution of this case is dismissed.

Reasons

The Defendant was a relative who graduated from Chigh School with the victim B (Nam, 23 years of age).

On December 26, 2019, the Defendant posted “B is due to the fact that he or she is about to rape,” and “W is about to commit rape,” on December 26, 2019, at E-wing rooms where 8 persons, such as E-gu D, who graduated from the same high school as the Defendant and other high schools, including the Defendant, and on December 26, 2019, the Defendant posted “B is due to the fact that he or she is about to commit rape,” and on the same day at around 16:37 of the same day.”

Accordingly, the Defendant insultd the victims by openly 3 times in total to E-government hostings in which the total number of eight persons, including the Defendant, etc. participate.

Judgment

(a) Applicable provisions of Acts: Article 311 of the Criminal Act;

(b) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act.

(c) Revocation of a complaint filed by a victim after public prosecution is instituted (receiving on May 22, 2020);

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 5 of the Criminal Procedure Act.

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