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(영문) 대구지방법원 2014.10.02 2014고정517

명예훼손

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On October 21, 2013, Defendants A, B, and C co-principaled the victim’s reputation by openly pointing out the following facts: (a) at the entrance of Lone Star located in 140, Daegu hydro-gu, U.S., 11:30 on October 21, 2013, Defendant A, B, and C, by setting up a banner stating the phrase “the price for the fraud, i.e., return of the price, and so on, the price for the fraud,” and by openly pointing out the fact.

B. From October 25, 2013 to 11:00 to 11:30 on October 25, 2013, Defendant A and Defendant C installed a banner stating the phrase “the price, namely, the return of the cost of fraudulent loan, and the charge,” at the same place as paragraph (1) and damaged the victim’s honor by pointing out the fact that the performance was carried out.

2. Each of the facts charged in the instant case is a crime falling under Article 307(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 312(2) of the Criminal Act. According to the records, the victim can be acknowledged as having expressed his/her intent not to punish the Defendants on September 24, 2014. Accordingly, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.