명예훼손
The prosecution of this case is dismissed.
1. On July 17, 2013, the Defendant, at the D Middle School located in Seo-gu Incheon Metropolitan City, damaged the honor of the victim by openly pointing out false facts by openly stating that “I, while attending and speaking with G’s guardian’s qualifications as the perpetrator to F, who is the son of the victim E, who is the victim of the school violence case, held as the agenda of “sexual harassment and indecent act between the first-year club students” at the Committee on Autonomous Measures against School Violence, which is held as the agenda of “sexual harassment and indecent act between the first-year club students,” the victim is heard by other students and parents, etc.
2. The facts charged in the instant case are crimes falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent under Article 312(2) of the same Act. According to the records of the written application for non-prosecution of punishment bound in the trial records, the victim E can recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on September 18, 2014, which was subsequent to the institution of the instant prosecution. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.