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(영문) 수원지방법원 2014.08.14 2014고정1046

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. On May 28, 2013, at around 18:30 on May 28, 2013, the Defendant: (a) applied black color with a concrete retaining wall, etc. installed in Gyeonggi-si, Gyeonggi-do, 570-34, red, white, and applied “in the criminal complaint filed against B” on eight occasions from July 18:40, 2013; (b) “B entry and exit invalidation lawsuit during the lawsuit; (c) ownership invalidation lawsuit; (d)B fraud development B criminal complaint; and (e) fraud embezzlement and embezzlement.

B. The victim’s reputation was undermined by openly pointing out the following facts: “In the C Litigation,” “in the process of the access-prohibited B Litigation,” “B. In the lawsuit for invalidation of ownership in the headquarters,” and “in the lawsuit for B fraud development.” and “in the process of the lawsuit, during the lawsuit, many unspecified people living in the surrounding areas, and drivers of unspecified vehicles using the Highway (UP) between Seoul and the Seoul Gam-U.S., by openly pointing out the fact that many unspecified vehicle drivers can read letters in one eye.

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

According to the statement of withdrawal of complaint filed in the records, it is recognized that the victim expressed his/her wish not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.