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(영문) 서울서부지방법원 2016.09.08 2016고정932
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who served as an employee at the convenience store operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul during the period from December 2, 2014 to January 1, 2015.

The Defendant, from around 11:30 on December 22, 2015 to 14:00 on the same day, destroyed the reputation of the victim by putting the diskettes with a false statement in front of the above convenience store operated by the victimized person, stating “a person who lives Alba, etc. and makes a food convenience store.”

2. The above-mentioned crime shall not be prosecuted against the clearly expressed will of the victim under Article 312(2) of the Criminal Act as an offense falling under Article 307(2) of the same Act.

The record reveals the fact that the victim has withdrawn his/her wish to punish the defendant on August 24, 2016, after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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