The prosecutor's appeal is dismissed.

1. The judgment of the court below that dismissed the public prosecution of this case without substantive judgment, even though it is reasonable to regard the crime of this case as defamation rather than insult.

2. In the case of a public prosecution by a public prosecutor under the principle of no accusation against the market, the court shall judge only the case in which the public prosecutor instituted a public prosecution; and

(2) The court below dismissed the prosecution of this case which was brought pursuant to the indictment of this case on December 27, 2001, since it is evident that the defendant was prosecuted as a crime of insult and the prosecutor stated that the indictment would not be changed on the second trial date of the court below. As such, the court below cannot determine only the offense of insult against which a public prosecution was instituted. The offense of insult is an offense against which a public prosecution may be instituted only upon a complaint under Article 312(1) of the Criminal Act. According to the records of this case, it is obvious that the victim had filed a complaint after the lapse of the period of filing a complaint under Article 230 of the Criminal Procedure Act. Thus, the court below's dismissal of the prosecution of this case which was brought pursuant to an illegal complaint is justified.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.