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(영문) 서울중앙지방법원 2014.09.26 2014고단6390
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. At around 13:51 on January 29, 2014, the Defendant posted an article written by the victim C (the age of 27), a national daily bulletin board of the Internet website, screened and posted it to the title “D”, and accordingly, the Defendant made a public insult of the victim by putting an article written by the victim C (the age of 27) as a national daily bulletin board.

2. The instant facts charged constitute 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. According to the letter of withdrawal of complaint submitted to the court on August 22, 2014, the victim can be recognized as having withdrawn the complaint against the Defendant on August 22, 2014, which was the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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