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(영문) 수원지방법원 2016.02.17 2015고정2878

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. On July 28, 2015, the summary of the facts charged is that the Defendant was unable to lend money to the Defendant, even though he did not have any sexual intercourse with the victim C, at an office at the scene of construction of a new site for a dormitory of a university of Nam-gu, Nam-gu, Nam-gu, Nam-gu, Incheon, and the Defendant received money from the victim C, and did not have any sexual intercourse with the victim.

C damaged the honor of the victim by openly pointing out false facts, stating that “A person shall have a sexual intercourse with several males at the face of a week where his/her privacy is disturbed and that he/she shall have a sexual intercourse.”

2. Determination of the above facts charged is a crime falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the written agreement attached to the record, it can be acknowledged that the victim expressed his/her intent not to be punished against the defendant on February 3, 2016, which is the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.