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(영문) 전주지방법원 2016.11.29 2016고정832
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is a resident of the Yansan-gu Seoul Metropolitan City, and the victim is a person in charge of facility business of the above apartment.

On June 20, 2016, the Defendant: (a) at the management office of the apartment in the front city located in the Jeoncheon-gu, Jeonju-si; (b) even though the victim D did not have any contact with E by the Defendant; (c) the head of the above apartment management office and the head of the self-governing office of the apartment; (d) went together with the identity of the victim by pointing out false facts by stating D’s personnel movement; and (d) the Defendant damaged the honor of the victim by pointing out false facts.

2. The facts charged in the instant case are crimes falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 312(2) of the Criminal Act. According to the records, it is recognized that the victim expressed his/her intent not to punish the defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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