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(영문) 대구지방법원 김천지원 2015.12.11 2015고정237

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. On September 2, 2014, at around 19:00, the Defendant stated that the facts of the instant facts charged consisting of two members, such as E, who are members of the same club in the D restaurant located in the Gu-Si, Si, Gu-si, and Gu-si, and that “F is a pet relationship with G, and “F is a pet relationship,” and “G is a several days at the house of Gu-si, and uses F money for the daily expense of G home by taking out the money from the Fund.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. The facts charged in the instant case are the crimes falling under Article 307(1) of the Criminal Act, which cannot be prosecuted against the victim’s will pursuant to Article 312(2) of the Criminal Act.

However, according to the records of this case, it is recognized that the victim withdrawn his/her wish to punish the defendant on November 30, 2015, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.