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(영문) 수원지방법원 안양지원 2015.06.18 2015고정360
모욕
Text

The prosecution of this case is dismissed.

Reasons

1. On April 4, 2014, the Defendant publicly insultingd the victim of the instant facts charged by publicly insulting the victim on the ground that the victim D(55 years of age) was not refunded the clothing he purchased at the E-garment store operated by the Plaintiff D (55 years of age) in the Mana-gu Mana-gu Mana-gu, Mana-si, Mana-si, on the ground that he did not refund the clothing he purchased.

2. The facts charged in this case are the crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon a complaint under Article 312(1) of the same Act. The main text of Article 230(1) of the Criminal Procedure Act provides that with respect to a crime subject to victim's complaint, a complaint shall not be filed after the lapse of six months from the date the criminal becomes aware

According to the records of this case, the victim G may recognize the fact that he/she filed the instant complaint against the Defendant on November 13, 2014, when six months have elapsed since April 4, 2014, on which he/she became aware of the offender of the facts charged of this case.

Therefore, the accusation against the facts charged of this case is illegal as it was filed after the expiration of the period of filing a complaint, and the indictment of this case is instituted based on illegal accusation, and the indictment of this case is null and void in violation of the provisions of the law. Thus, the indictment of this case is dismissed in accordance with Article 327 subparagraph 2

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