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(영문) 창원지방법원 진주지원 2019.05.16 2018고정384

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged reveals that the Defendant, at the C Village Center located in the Hadong-dong, Hanam-dong, Sinnam-do, on July 2017, the Defendant had no fact that the victim D infringed upon the Defendant’s house without permission or committed an indecent act against the Defendant. However, the Defendant had undermined the victim’s reputation by openly pointing out false facts by stating that “D violated the Defendant’s house at any time and without permission, and by taking charge of sexual harassment, such as putting his hand over the Defendant’s sexual organ into Eul around 2016,” while the 10 community residents, such as E, listen to ten community residents.

2. The above facts charged are crimes that cannot be prosecuted against the express will of the victim under Article 312(2) of the Criminal Act. Since the victim withdraws his wish by submitting a written agreement after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.