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(영문) 대전지방법원 천안지원 2018.05.29 2018고정197

명예훼손등

Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. Around October 23:15, 2017, the Defendant used assault on the grounds that the victim D sneeped in a brine sold at the restaurant run by the Defendant at the south-gu, Nam-gu, Seoul, by drinking alcohol on the ground that the victim D snicked and snicked the face of drinking and the snick part of drinking, and assaulted the head, snick, and snick with his hand.

B. Although the victim D did not engage in sexual traffic at the time, time, and place indicated in the above paragraph (a), the Defendant damaged the victim’s reputation by openly pointing out false facts by sounding “the victim’s body flachise, flachise, flab going through, and Chewing flachise” at the place of hearing E, etc.

2. The instant case (crime of assault and damage to reputation) is a case in which a public prosecution cannot be instituted against the clearly expressed intent of the victim (Articles 260(3) and 312(2) of the Criminal Act). However, the victim expressed his/her intent that the victim does not want to be punished after the instant public prosecution.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.