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(영문) 대전지방법원 2018.05.11 2018고정114
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged and the victim B are the number of incorporated associations C.

On September 6, 2017, the Defendant used a mobile phone from Daejeon (Seoul) and sent it to C’s cell phone (D) by photographing the “written complaint,” written to the effect that “the injured party,” submitted to the Daejeon Daejeon Police Station on July 2017, 2017, by “the injured party, by deceiving the Defendant, and by deceiving 200 million won,” and then, sent it to C’s mobile phone (D).

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

However, this is a crime falling under Article 307 (1) of the Criminal Act and cannot be prosecuted against the clearly expressed will of the victim in accordance with Article 312 (2) of the Criminal Act.

According to the public trial records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 18, 2018, which is after the institution of public prosecution. Thus, the public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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