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(영문) 부산지방법원 2021.03.16 2021고단170
모욕
Text

All prosecutions against the Defendants are dismissed.

Reasons

The summary of the facts charged is that the Defendants, from June 2, 2020, created a Kakao Kakao Kakao District Library for friendship with the victim I, the victim J, the victim K, the victim K, and L, etc. by dividing them into the victim I, the victim J, the victim K, and the female students.

A. On June 2, 2020, Defendant A, using a mobile phone at around 22:40 on June 2, 2020, sent a cell phone to the said group or toilet room to the victim’s J, referring to “M (the expression “M”)” and openly insulting the victim, as shown in the list of crimes in attached Table 1 from around that time to June 11, 2020.

B. On June 12, 2020, Defendant B, using a mobile phone from the scam site on June 23:38, 2020, sent the victim I by accessing the said group or toilet room and publicly insulting the victim I by referring to “Chewing”, and thereby insulting the victim. From that time to June 17, 2020, Defendant B publicly insulting the victim as shown in the list of crimes in attached Table 2.

(c)

Defendant

C On June 2, 2020 22:39, the Defendant connects the cell phone to the above group or room room using the cell phone on June 2, 2020, and refers to the victim J and “brecied fluor.

In addition to “patently insulting the victim,” the victims were openly insulting from around that time to June 16, 2020, as shown in [Attachment 3] Crimes List.

2. The facts charged in the instant case are those falling under Article 311 of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Article 312(1) of the Criminal Act.

According to the records, on November 9, 2020, prior to the prosecution of this case, the victims' withdrawal of the complaint against the Defendants on November 9, 2020 by mutual agreement with the Defendants. Thus, all prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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