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(영문) 창원지방법원 2014.07.24 2014고정280

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. Around 12:30 on June 30, 2013, the Defendant sent the text of the facts charged to the Defendant’s cell phone of the head of the Seocho-gu Seoul Special Metropolitan City, which read “D’s cell phone (F) the head of the Tong, and thereby, removed the victim’s cell phone of the head of the Tong, although the victim D, who works as the head of the Crain-gu, Jin-si, Seoul Special Metropolitan City as the head of the Crain-si, did not have the quality of the Do, removed the resident and head of the Do, and had the dispute over the disclosure of the details of the use of management expenses, etc.

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 crimes 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 records, it can be acknowledged that the victim expressed his/her intention not to be punished after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.