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(영문) 서울중앙지방법원 2014.04.24 2014고정494
모욕
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of this case is as follows: “The Defendant publicly insultings the victim C (Inn, 52 years of age) at around 11:00 on June 14, 2010, Gangnam-gu Seoul Metropolitan Government 202, and publicly insulting the said victim at the entrance of the Seoul Central District Court at around 16:00 on February 15, 2012, at the Seocho-gu Seoul Central District Court at around 1737-1, Seocho-gu, Seocho-gu, Seoul.”

However, this is a crime falling under Article 311 of the Criminal Code, which is a crime of Article 311 of the Criminal Code and can be prosecuted only upon the victim's complaint in accordance with Article 312 (1) of the Criminal Code, and in relation to a crime subject to victim's complaint, a complaint shall not be filed after the lapse of six months from the date on which

According to the facts charged in the instant case, it is reasonable to view that the victim C was aware of the Defendant as the offender of the offense of insult. According to the entries in the written complaint, the victim’s complaint was filed with an investigative agency on May 14, 2013, which was six months from that date. Thus, the said complaint is unlawful as it was filed subsequent to the expiration of the period for filing the complaint.

Thus, the public prosecution of this case also constitutes a case where the prosecution procedure is null and void in violation of the provisions of law, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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