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Each of the instant public prosecution against the Defendants is dismissed.
Reasons
1. During the election process of the representative of the Ddong representative of the Seocho-gu Seoul Metropolitan Government building C with residents living in the Seocho-gu Seoul Metropolitan Government, Defendant A was a voting witness, Defendant B was dissatisfied with the different opinions on the voting method while serving as election management members.
1. Defendant A
A. At around 14:00 on February 26, 2019, the Defendant publicly insultingd the victim by saying, “Isleh.p. C building, which appears in Ddong, is dissatisfying and unsatched and unsatisfying, Ish. Ish. C building, which is unsatched at home, and grow up.”
B. At around 14:00 on February 27, 2019, at the 21st, the Defendant publicly insultingd the victim B by saying, “If the Defendant had her old age, where she had her old age, her old age, her old age, her old age, and her old age, she was the representative of the Dong, her old age, and this year, regardless of where she was her old age, she was her old age, and she was her old age, and she was her old age, and she was her old age, regardless of where she was her old age, and as she was unable to receive her old age,” thereby publicly insulting the victim B.
2. Around February 14:00 on February 26, 2019, Defendant B publicly insultingd the victim by stating that “a person with anger labor-management disorder, mental disorder,” while the victim was reported by residents E, the head of the living support center of the building C, and voting personnel, as set forth in paragraph 1(a) in the street of Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government C-dong D-dong, Seoul Metropolitan Government.”
2. We examine the judgment. Each of the above facts charged is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. The following facts are comprehensively taken account of the contents of the written agreement signed by the victims submitted to the court on January 19, 2020 after the institution of the instant prosecution.