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(영문) 대구지방법원 경주지원 2014.01.07 2013고단663
명예훼손
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. The facts charged in this case

A. On September 12, 2012, Defendant A, at around 10:30 on September 12, 2012, Defendant A damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the following facts: (a) the fact that the victim F was aware of the fact that the victim F was aware of G’s chest; and (b) the victim F was not witnessed or heard.

B. Defendant B: (a) around 14:30 on September 14, 2012, at the elderly room of the E Association located in P, on the following occasions: (b) around 14:30 on September 14, 2012, the Defendant: (c) did not have any fact that the victim F was the chest of H; (d) provided that H and I “F laid the H’s bridge and look at the chest.” (e) provided that “the person who would be only less than the patient is more bad,” thereby impairing the victim’s reputation by openly pointing out false facts.

2. The facts charged against the Defendants 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. According to the records of this case, it can be acknowledged that the victim (including H and G which is not specified in the facts charged but may be viewed as the victim) after the prosecution of this case declared his/her intention not to be punished against the Defendants. Thus, the prosecution of this case against the Defendants is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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