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The prosecution of this case is dismissed.
Reasons
1. At around 09:20 on September 23, 2014, the Defendant publicly insultingd the victim by stating, “Is the victim’s face pictures as follows: (a) while the Defendant had a yellow dispute with the victim F on the ground that he had been displayed around the “D” in front of the Defendant’s operation, which is a neighboring merchant E, etc., on the ground that he had infringed on the boundary; and (b) the said victim’s yellow dispute.”
2. The judgment is an offense falling under Article 311 of the Criminal Act, and a public prosecution may be instituted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. The main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date when the victim becomes aware of the offense
According to the records of this case, the victim may recognize the fact that he/she filed the instant complaint against the defendant on September 23, 2014, when six months have passed since September 23, 2014, on which he/she became aware of the facts charged of this case, on June 3, 2015. The above complaint is unlawful since it was filed after the expiration of the period for filing the complaint.
Thus, the public prosecution of this case also constitutes a case where the procedure of prosecution is invalid because it was filed in accordance with an unlawful criminal complaint, and thus, it is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.