beta
(영문) 광주지방법원 2018.02.02 2017고정1822

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) even though there was no fact that the victim E has scattered agrochemicals in the Defendant’s agricultural crops (Udddney) around August 20, 2017, the Defendant suffered damage from spreading agricultural chemicals for plant transfer by the victim, such as village residents F.

“The victim’s reputation was damaged by openly pointing out false facts by sound.”

This is a crime falling under Article 307 (2) of the Criminal Code and can not be prosecuted against the will expressed by the victim in accordance with Article 312 of the Criminal Code.

The record reveals that the victim expressed his/her intention not to be punished on January 17, 2018, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed on the basis of Article 327 subparagraph 6 of the Criminal Procedure Act.