명예훼손
All of the prosecutions of this case are dismissed.
On March 4, 2015, the Defendant injured the victim’s reputation by openly pointing out false facts by stating that “D made sexual payments to its members in the Gunsan, even though there was no fact that the victim D had sexual intercourses with the members of the Seocheon-gun, Seocheon-gun, Chungcheongnam-do.”
Judgment
Each of the facts charged in the instant case is an offense falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.
According to the application for non-prosecution of punishment bound in the trial records, the fact that the victim has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case can be recognized. Thus, each of the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act