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(영문) 수원지방법원 2018.04.02 2017고단8534

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

The Defendant, on August 2017, referred to “C” office located in Suwon-si, Suwon-si, as the victim E at the office of “C”, and demanded a loan of 30 million won to a certain male and female of this E and that male. However, the Defendant did not go to the music room because he did not harm the male.

“.....”

However, there was no fact that the victim had sexual intercourse with C or demanded money with C's male members.

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

Judgment

However, this 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). Since the victim expressed his/her wish not to punish the Defendant after the institution of the instant indictment, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.