On August 21, 2014, the Defendant damaged the reputation of the complainant by openly pointing out false facts on the part of the complainant, stating that “The Defendant attempted to receive 5-6 million won or more from a mobile phone operator.”

B. At around 12:50 on August 22, 2014, the Defendant publicly insulting the complainant by “chilling the cream” while taking a desire to “cuck” to the complainant with 20 team members at the site of semiconductor construction.

2. We examine the judgment. Of the facts charged in the instant case, among crimes falling under Article 307(2) of the Criminal Act, defamation cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. ② Definating is a crime falling under Article 311 of the Criminal Act and can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the written agreement (non-application for punishment) dated March 12, 2015, which was submitted after the prosecution, the facts that the victim revoked the complaint against the defendant and withdraws his/her wish to punish the defendant can be acknowledged. Accordingly, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 5 and 6 of the Criminal Procedure Act.