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(영문) 부산지방법원 동부지원 2015.07.20 2015고정275
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the injured party B (the age of 56) operates the restaurant called D in the Dong-gu Busan Metropolitan City, and the accused has made a verbal agreement to operate a business with the injured party by investing in the above restaurant, but the accused and the injured party did not have a inhumane relationship.

At around 14:00 on December 7, 2013, the Defendant damaged the honor of the victim by openly pointing out false facts by saying, “The Defendant left the victim and went to the her house twice, going to the her house, going to the her house, going to the her house, and was the year of fraud.”

B. At around 15:00 on the same day, the Defendant, at H located in the same Gu G on the same day, injured the victim’s reputation by openly pointing out false facts by pointing out the victim’s reputation, by stating that “The Defendant is a woman who has been aware of before and after 10 years ago, and is a relationship with B/L. That is, a divorce.”

2. The conclusion of the judgment is the case that falls under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2).

However, according to the records of trial, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 20, 2015, which was after the prosecution of this case was instituted.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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