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(영문) 대구지방법원 상주지원 2015.06.30 2015고정73
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On July 17, 2014, at the C cafeteria located in B at the time of stay at around 19:20 on July 17, 2014, the Defendant stated that “A victim E and F were pets, and the two were studs at the studio.”

However, in fact, the victim and F did not have any petle, and there was no fact living together in the studio, and F and D are in the process of divorce litigation, and F and D are in the process of being investigated by investigation agencies, and F were in the state of being investigated by investigation agencies, and their appraisal has deteriorated.

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

2. The case is a crime falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the written withdrawal of a complaint filed in the trial records, it is apparent that the victim withdrawn his/her wish to punish the defendant on June 4, 2015, which was the date of institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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