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(영문) 춘천지방법원 2016.06.17 2016고단375

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is between the victim and the relative with the victim who worked at the satisfaction plant operated by the victim B, and the victim C works at the store operated by the victim B.

A. On March 4, 2016, at around 20:00 to 21:30, the Defendant contacted D and E with a cellular phone at the sports park located in the north 626, Gangwon-do, Gangwon-do, Gangwon-do, with “B, E, who was divorced by E, and C, thereby impairing the honor of the victims by openly pointing out false facts.

B. On March 7, 2016, the Defendant, at around 18:10 on March 7, 2016, talked with the victim B and C in front of a satisfaction plant located in Gangwon-do, Gangwon-do, with the victim B, and at the same time, damaged the victim’s reputation by openly pointing out false facts.

Accordingly, the defendant damaged the honor of the victims by openly pointing out false facts two times in total.

2. We examine the judgment. The case is a crime falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent under Article 312(2) of the Criminal Act. According to the records, it is obvious that the victims submitted the agreement to this court on May 3, 2016, which was after the institution of the prosecution of this case, expressed their wish not to punish the defendant. Accordingly, the above facts charged constitute the case where the victims expressed their wish not to prosecute a case which cannot be prosecuted against the victim's explicit intent, and thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.