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(영문) 광주지방법원 2019.09.25 2019고단3126

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim B and the dong line with the Defendant, who is born in the same village and resides in the same village until now.

On March 24 to 25, 2019, the Defendant: (a) at the D’s house located in Gwangjin-gu, Jeonnam-gun, Jeonnam-gun, the Defendant said that “B has the village money; (b) KRW 500,000,000 to improve the roof; and (c) KRW 5,000,000 to H,” the Defendant said that “B shall have the village money; and (d) the rest is written.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. The facts charged of the instant case are crimes 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.

However, according to the records, it can be recognized that the victim has withdrawn his previous wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.